DISQUALIFICATIONS RELATING TO SUCCESSION Family law is an area of the law that deals with family related issues and domestic relations including, but not limited to: the nature of marriage, civil unions and domestic partnership issues arising during marriage, (including spouse abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction), the termination of the relationship, and ancillary matters (including divorce, annulment, property settlements, alimony, and parental responsiblity orders). Family law is the broad term. The scope of family law is subjective in nature. There are different branches of family law. The most important part under family law is the Hindu Succession Act 1956. In this article, I mainly focused on laws related to disqualification under the Hindu Succession Act 1956, and what old Hindu law and Modern Hindu laws say about disqualification this. There are certain laws related to disqualification law, like certain widows remarrying may not inherit as widows, murderer disqualified, converts decedents disqualified, succession when heir disqualified. There is one exception to disqualification in which person shall not be disqualified - disease, defect, etc. - not to disqualify. This article I have discussed scope, applicability of all the section related to disqualification to succession. I went through various case laws, legislative acts which helped me throughout. After completion of my research work I have given some suggestions for disqualification to succession, like step mother should be disqualified under section 24 of Hindu Succession Act,1956. Unsuccessful attempt to murder should also be included in the ambit of S.25. Unchastity of a widow should also be a ground of disqualification. Offenses like rape and torture should also be a ground for disqualification.

1. Disqualifications relating to succession
Presented by: Anjali Raj

2. SECTION 27, HINDU SUCCESSION ACT
If any person is disqualified from inheriting any
property under this Act, it shall devolve as if
such person had died before the intestate.

3. ILLUSTRATION
 P ( a Hindu) Died
W (Wife of P)
S ( expired son of P)
SW remarried before P died.
Leaving behind
W will take the entire property as if SW
was dead

4. Disease, deformity and unchastity
SECTION 28
• No person shall be disqualified from
succeeding to any property on the
ground of any disease.

5. Remarriage
• Marriage of three widow before succession
opens, disentitles them from Inheritance.
o Son’s Widow
o son’s son’s widow
o Brother’s widow
 The widowed mother or the widowed
stepmother are not disqualified even if they
are remarried.

6. Conversion
• Conversion of an heir is not a bar to
succession.
Children of a Hindu, who converts to non –
Hindu religion cannot inherit.
Succession to the property of a convert is
governed by the personal law of community.

7. ILLUSTRATION
P(died)
leaving behind three sons
A CB
Earlier converted into Islam
Eventhough B had converted to Islam he will take 1/3
rd share

8. Murderer
• A person who commits murder or abets the
commission of murder shall be disqualified
from inheriting the property of the person
murdered.
P has two sons A and B . A himself murders P so
that he may inherit his properties. Or, it may be
that he abets B to murder P. In both cases A will
not be entitled to inherit.

9. THANK YOU