'Son who murders father gets no paternal property' Thursday, May 12 2005 19:57 Hrs (IST) - World Time -
New Delhi:
In a ruling that could narrow the race for property inheritance, the Supreme Court has held that a son, who murders his father, gets disentitled to his paternal property along with his wife and children.
"Once the son is totally disinherited, then his whole stock stands disinherited, that is wife or son," said a Bench comprising Justice Ashok Bhan and Justice A K Mathur while dismissing a petition claiming right to inheritance filed by a the wife of a son who had killed his father.
Referring to Section 25 and 27 of the Hindu Succession Act, the Bench said, "A person who has murdered a person through whom he wants to inherit the property, stands disqualified on that account. That means he will be deemed to have predeceased him."
The effect of the two sections was that a murderer was totally disqualified to succeed to the estate of the deceased, Justice Mathur, writing for the Bench, said.
R Singaperumal, the sole son, had murdered his father Ramaswami Konar and incurred the disqualification clause. However, his wife Vellikannu in her petition before the Supreme Court sought inheritance of the property of her father-in-law.
Observing that Vellikannu was not entitled to inherit the estate of Konar, the Bench said, "When a son cannot succeed then the wife who succeeds to the property through the husband cannot also lay a claim to the property of her father-in-law."