Family Law II_Disqualification of Heirs under Hindu Succession Act, 1956

Disqualification of Heirs under Hindu Succession Act, 1956

  1. Sections 24 to 26 of the Hindu Succession Act, 1956 provides for disqualification of heirs under Hindu Succession Act, 1956.
  2. The grounds for Disqualifications – 
    • Certain widows remarrying - Section 24 of the Hindu Succession Act 1956 disqualifies the widow of a predeceased son, the widow of a brother if, she has remarried. 
    • Murderer -  The person who commits a murder or abets the commission of murder has been disqualified under Section 25 of the Hindu Succession Act.
    • Convert’s descendants - Section 26 of the Hindu Succession Act 1956 also disqualifies a convert's descendants from inheritance. A Hindu has ceased to be Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified.
    • Succession when heir disqualified - If a person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.
  3. Section 28 of the HS Act, 1956, provides that, no person shall be disqualified from inhering any property on the ground of any disease, defect or deformity.

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