I want to know all the valid grounds for disqualification of a heir under Hindu Succession Act when property is intestate. One of the Heir has ill will for that property and committed frauds in furtherance on the same.
There is no way by which a lawful heir can be deprived of inheritance from his predecessor in interest.
Only disqualification is if he is convicted of murder of the person whom he is otherwise entitled to inherit.
If you describe your query further then necessary assistance may be rendered.
1) your query is lacking in details
2) what is nature of fraud committed by legal heir
3) according to section 24 of Hindu succession act widows are disqualified, if they are remarried on the date on which succession opens .The succession opens on the date of the death of the person, whose estate is being inherited. If they marry subsequent to that date, they do not incur any disqualification under this provision.
4) According to Section 26 of the Act, in case a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him after such conversion and their descendants will be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.
5) section 25 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 he or she committed or abetted the commission of the murder.
6) section 27 of Hindu succession act
when heir disqualified
If any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.
Hi
unless the deceased created any testamentary document prohibiting the right of the legal heir , there are no way one's legal right to property can be curtailed.
what do you mean by ill will? is it any document made by him fraudulently with an ill intention to grab the property?
if so, any fraud or forgery committed by him should be investigated and legal action be taken .
At the same time his actions will not disqualify him from his rightful share as a legal heir
A heir is prohibited from inhering the property on the following occasions:
Murderer disqualified.—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 he or she committed or abetted the commission of the murder.
Convert’s descendants disqualified.—Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.
Succession when heir disqualified.—If any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.
Disease, defect, etc., not to disqualify.—No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever.
The above are certain grounds wherein a heir will be dis entitled to a share.
1. committing offence
2. renounce religion
3. left the house for more than 7 years
4. committed murder of his father
1. Committed murder then Murderer disqualified.
2. A Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property
3. A person died before the intestate.
1. If the heir has committed murder of the deceased whose property he was to succeed to, he stands disqualified from succession.
2. If the heir has committed fraud then a criminal case for cheating and fraud should be filed against him. Furthermore, if he has forged the document of succession then a declaration of illegality should be sought from the court.
1. How come legal heirs will be disqualified from inheriting properties? Your query is not very specific,
2. To deprive the other legal heirs from inheriting the properties, that person can produce a fake Will of the deceased owner where in all the properties have been shown to be bequeathed to him,
3. In that case he has to take probate from the Court when all other legal heirs will get court notice and they will have ample scope to challenge the said fake will.
