The Supreme Court held that no person can be allowed to benefit from his or her own wrongdoing, ruling that anyone accused of murdering someone or abetting the act will be barred from inheriting the victim’s property today.
The Supreme Court, held that no person can be allowed to benefit from his or her own wrongdoing.
It ruled that a person accused of murdering another person or abetting such murder would be barred from inheriting the victim’s property.
A bench of Justices J. B. Pardiwala and R. Mahadevan observed that the disqualification applies to both intestate and testamentary succession. It further clarified that the bar would operate even if the criminal trial is still pending.
The court explained that intestate succession occurs under the rules of personal law governing inheritance when there is no will, while testamentary succession arises when property is transferred through a will.
The Apex Court remarked,
“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,”
It also noted that, under Section 25 of the Hindu Succession Act, a person who commits murder or abets the commission of murder is disqualified from inheriting the property of the person murdered or any other property that forms part of the succession in furtherance of the offence.
The bench stated that the principle behind the provision is grounded in public policy, justice, and good conscience namely, that no person should be permitted to profit from his or her own wrongdoing.