Kamal Ghorui
NEW DELHI: Observing that no person can be permitted to profit from his own wrongdoing, SC on Friday held that a person accused of committing murder or abetting in the murder of another person would be barred from inheriting the victim’s property.A bench of Justices J B Pardiwala and R Mahadevan said such disqualification on inheriting property applied to both intestate and testamentary succession and clarified the bar would be applicable even if the trial was still on. Intestate succession takes place in accordance with rules of personal law governing inheritance. Testamentary succession takes place when property is bequeathed through a will.“A person accused of the murder of one from whom inheritance is claimed is disentitled from asserting rights, not only under Section 25 of Hindu Succession Act, but also on the principles of justice, fair play and equity. Strict proof is not indispensable in civil proceedings if the preponderance of probabilities points to commission of the offence,” SC said. “Section 25 of the Hindu Succession Act provides that a person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which such person committed or abetted the commission of murder...” The bench said the principle underlying the provision “is founded upon public policy, justice, and good conscience, namely, that no person can be permitted to profit from his own wrong”.
