...disputed. 8. Learned Counsel for the appellants has contended that a son of a murderer is also excluded from inheritance because of his relationship with the murderer even though the son...their Lordships of the Privy Council to warrant the suggestion that a son of a murderer is excluded from inheritance simply because of his relationship with the murderer. What their...her daughter, Menda Kaur, but she could not succeed because of a family custom which excluded daughters from, inheritance. Ram Anand Singh and Ram Narain Singh wore in possession of the property of Ram...

...exclude a murderer from taking any share either by inheritance or by survivorship in the estate of the person whom he has murdered; and the same disability would apply to a son, whether genetive or...adopted.But here there is no question of the murderer or his son taking advantage of the murderer's wrongful act. The plaintiff is not asking for a share either by inheritance or by...proved; and that even if proved, the fact of the adoptive father being the murderer of Babu would prevent either the adoptive father or the adopted son from taking a share in the family property even by...

...Succession Act, 1956, the murderer stands disqualified for inheritance. The provision reads as under:“25. Murderer disqualified.—A person who commits murder or abets...commission of the murder.”The section deals with the disqualification from inheritance of a person who commits murder or abets commission of murder. The...

...good conscience that the exclusion of a murderer from the inheritance of the man whom he had murdered must be taken to include his direct lineal descendants. Therefore, as the plaintiffs' father had.... A.I.R 1924 P.C 209., headnote (a) of which reads as follows:—“(A) * * A murderer must for the p...* * *”.7. According to this decision, exclusion of the murderer is based on public policy and justice and not on principles of personal or customary law and it is from this stand point rather than...

...disqualification for inheritance is the murderer from inheriting the property of the person murdered. So, if the murder is for the property, then, the murderer disqualified himself from succeeding to...the above submissions, the questions arise before us for consideration are:i. Whether the Hindu, by conversion, can forego the right of Inheritance? andii. Whether the...inheritance is only in respect of legal heirs of the convert. The individual, who converts himself to other religion from Hinduism, will not forego the right of any inheritance. He also relied upon the...

...and was therefore excluded from inheritance under the Hindu law. Therefore the plaintiff, his widow, did not inherit the properties in dispute. She denies possession of the plaintiff and asserts that...possession of the disputed land until dispossessed. The contention however is that Thag Misra was excluded from inheritance by reason of the congenital defects referred to above being deaf and dumb from...case where the wife of a murderer was held entitled to succeed to the estate of the murdered man not because the wife deduced the title through her husband but because she by her marriage became a...

...maxim in such cases was not to exclude the murderer from the inheritance so as to prevent the very vesting in him thereof, but that should merely disentitle him to any beneficial interest in...not thus create a fresh line of descent. The murderer for the purpose of inheritance has to be treated as if, he was not there when the inheritance opened and not for the purposes of a fresh stock of...the Indian Succession Act to disqualify the murderer to the estate of his own victim, it does not bar the Courts from disqualifying him from inheritance...

...the same degree share the inheritance equally.Now the research of the learned Judge was unable to find any text of Hindu Law directly bearing on the question whether a murderer can.... The Madras High Court held, however, that the proper way to give effect to the maxim in such cases was not to exclude the murderer from the inheritance so as to prevent the very vesting in him...conscience. The question is one which cannot demand much elaboration, either it is right or it is wrong that a murderer should benefit by the crime he has committed, and there can be to doubt that on the...

...)“A murderer must for the purpose of the inheritance, be treated as if he were dead when the inheritance opened and as not being a fresh stock of descent; the exclusion extends to the...:“1. Whether Ext. A-2 judgment in the criminal case is conclusive on the question of exclusion from inheritance in the present proceedings...?2. Whether the exclusion from inheritance would cover enlargement of interest by survivorship, in the light of Section 6 of the Hindu Succession Act...

...himself from inheritating Jaswinder Kaur, his mother, as he stood named as murderer of his mother, which murder he committed alongwith his father. We are aware that under general law of inheritance, a...murderer is debarred from inheritating property of the person murdered by him. If complainant subsequently is held by a court of competent jurisdiction to be a murderer of his mother, certainly he...clearly spells that initially he was also named as a murderer alongwith his father for murdering his mother. The FIR against both of them was lodged by none else than own brother of the complainant Sh...

...whether the murderer had the legal estate vested in him or not because "in either case he must for the purpose of the inheritance be treated as if he were dead when the inheritance opened and as not...as they are entitled to do upon the contention that the real title is in or through the murdered Hanmappa. The case therefore raises there questions :- Can the murderer succeed...questions the Subordinate Judge held that the matter was provided for by Hindu law, and that this law disqualified a murderer from succeeding to an estate, the succession to which he had accelerated by...

...because, according to that section, it is the murderer alone who is disqualified from inheritance which is to devolve as if such person had died before the intestate, in this case Kundan Singh, deceased...1. The litigation between the parties, out of which this second appeal has arisen, concerns the inheritance of Kundan Singh, deceased. On April 13, 1957, he executed a will, Ex. P-4, of...(Act 30 of 1956), which came into force on June 17, 1956, he said, his daughters and wife might start litigation with his sons in regard to his inheritance, so he proceeded to bequeath the whole of...

...Lahore 243 (supra), their Lordships held thus:—“It is compatible with justice, equity and good conscience that the exclusion of a murderer from the inheritance of the man whom he...immaterial whether the murderer had the legal estate vested in him or not because “in either case he must for the purpose of the inheritance be treated as if he were dead when the inheritance opened and as not...inheritance vests in those who would be entitled to it were the guilty heir out of the way. The test of disqualification is not relationship but whether the title is traced through the murderer...

...immaterial whether the murderer had the legal estate vested in him or not because "in either case he must for the purpose of the inheritance be treated as if he were dead when the inheritance opened and as...the real title is in or through the murderer Hanmappa. The case therefore raises three questions-- Can the murderer succeed? If not, can title be...held that the matter was provided for by Hindu law, and that this law disqualified a murderer from succeeding to an estate, the succession to which he had accelerated by killing the woman who had' a...

...murderer is extracted below for reference: "25. Murderer disqualified.— A person who commits murder or abets...committed or abetted the commission of the murder. " 10. The law is thus clear that a murderer is disqualified from inheriting the properties of the murdered...because the murderer was able to secure an acquittal under Section 84 of IPC, does not entitle the person to inherit the murdered, if it is found that the murderer was involved in the murder. The...

...which it is held that a murderer must for the purpose of the inheritance, be treated as if he was dead when the inheritance opened and as not being a fresh stock of descent; the exclusion extends to the....9. At the time of arguments, learned counsel for the appellant mainly argued on one point that Ujjagar Singh has no right to succeed in this case as per the provisions of the Act as the murderer...the year 1956 much after when the inheritance of Dhanpat opened. Section 25 of the Act will not apply. Moreover, main point in this appeal is whether the plaintiffs have been able to prove the fact...

..."A murderer must for the purpose of the inheritance, be treated as if he were dead when the inheritance opened and as not being a fresh stock of descent; the exclusion extends to the legal as well...murder, the appellant could not be deprived of inheritance of the property left by the deceased. In support of his argument, reference was made to judgment of Hon''ble the Supreme Court in...claiming inheritance shows that he is a part of the family. Deceased-Maghar Singh was unmarried and was killed by the appellant. The allegations in the FIR got registered by the sister of the...

..., Lehragaga, none of them had raised any objection or had taken the plea of excluding Karnail Singh from inheritance, on the ground, that, he was a murderer of Mukhtiar Singh. At the time of sanctioning...case of mutation regarding inheritance. 2. The brief facts of this case are, that, consequent upon the death of Mukhtiar Singh son of Kirru on 7.4.1988, mutation No. 5337 of Village Sekhubas, Tehsil...Sunam, regarding inheritance was entered by the Halqa Patwari in the names of his brothers namely, Sarwan Singh, Labh Singh, Karnail Singh, Nand Singh; and sisters, namely : Karnail Kaur, Sham Kaur...

...point of time, declares a murderer of a person disqualified to inherit the estate of the person murdered by way of inheritance. 35. The expression 'murderer' is to...of the Jammu and Kashmir Hindu Succession Act, 1956. Firstly, there was no occasion for the learned Principal District Judge, Kathua to see the petitioner with the lens of being a murderer so as to...suffer a disqualification from inheritance with respect to estate of deceased CT (GD) Ajay Kumar. Section 22 of the Jammu and Kashmir Hindu Succession Act, 1956, as was in operation at the relevant...

...point of time, declares a murderer of a person disqualified to inherit the estate of the person murdered by way of inheritance. 35. The expression 'murderer' is to...of the Jammu and Kashmir Hindu Succession Act, 1956. Firstly, there was no occasion for the learned Principal District Judge, Kathua to see the petitioner with the lens of being a murderer so as to...suffer a disqualification from inheritance with respect to estate of deceased CT (GD) Ajay Kumar. Section 22 of the Jammu and Kashmir Hindu Succession Act, 1956, as was in operation at the relevant...