On Friday, the Supreme Court made it clear that a person accused of murdering someone cannot turn around and claim a share in the victim’s property, even while the criminal case is still pending. The Division Bench of Justice J.B. Pardiwala and Justice R. Mahadevan said the law cannot allow an accused to gain financially from the very death under scrutiny, a view that could significantly influence inheritance battles arising out of homicide allegations.
The Bench examined the scope of Section 25 of the Hindu Succession Act, which bars a murderer from succeeding to the estate of the deceased. The Court clarified that the disqualification is not confined only to cases of intestate succession, where property devolves under personal law, but would also extend to testamentary succession involving wills. The dispute before the Court centered on whether inheritance rights could still be claimed before a criminal conviction was recorded, with parties arguing over the extent to which pending allegations should influence civil succession rights.
Explaining the rationale behind the bar, the Apex Court observed that inheritance law cannot be interpreted in a manner that rewards alleged wrongdoing. The Bench held that “no person can be permitted to profit from his own wrong,” adding that strict criminal proof is not always necessary in civil proceedings dealing with succession disputes if the surrounding circumstances strongly indicate involvement in the offence.
The Court further stated that an individual accused of murder “is disentitled from asserting rights” over the victim’s estate on principles of justice, equity, and public policy. It ultimately declared that persons accused of committing or abetting murder would remain disqualified from inheriting the deceased’s property, irrespective of whether the succession is through natural inheritance or a will.
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