Before 1956, several disqualifications were recognised that prevented an heir from inheriting property. Not only could a disqualified heir not take the property, but he or she also did not transmit any interest to his or her own heirs, as a disqualified person was treated as predeceased the propositus. However, if the disqualified heir recovered from the disqualification after the opening of the inheritance, he could recover his share and divest the estate already vested in other heirs.
The old division of disqualifications of heirs into physical, mental, moral, religious, and equitable has been dispensed with under the present act.
Section 27, Hindu Succession Act 1956, lays down that if any person is disqualified from inheriting any property under this act, it shall devolve as if such person had died before the intestate.
The act does not follow the old text of disqualification of heirs and mentions some new disqualifications that debar the heirs from inheriting the property of the intestate.
These disqualifications are
Disqualification arising from remarriage [section 24]
Disqualification arising on account of commission of murder [section 25]
Disqualification arising from conversion [section 26]
DISQUALIFICATION ARISING FROM REMARRIAGE [SEC.24]
The marriage of three widows, before succession opens, disentitles them from inheritance. These widows are son’s widow, son’s son’s widow and brother’s widow.
The widowed mother and widowed stepmother are not disqualified from inheritance even if they are remarried.
If she had married during the lifetime of her husband, her second marriage is void, and she wouldn’t be considered to have remarried. Also, if she remarried after divorcing, she has ceased to be his wife and will not be his widow when propositus dies.
DISQUALIFICATION ARISING ON ACCOUNT OF COMMISSION OF MU**ER [SEC.25]
This section disqualifies two sets of mu**erers.
[A] if an heir himself mu**ered or abetted the mu**er of the propositus in furtherance of succession
[B] if an heir has mu**ered or abetted the commission of mu**er of someone other than the propositus in furtherance of succession.
Under this provision the mu**er must be in furtherance of succession. The disqualification on this ground extends to every kind of property to which he or she would have been entitled to inherit had he or she not committed mu**er. The mu**er is treated as non-existent and therefore doesn’t form the stock for a fresh line of descent. The heirs of the mu**erer are also disqualified from inheriting the property of the person mu**ered.
DISQUALIFICATION ARISING FROM CONVERSION[SEC.26]
Section 26 disqualifies the convert’s descendants and the children born to such descendants from inheriting the property of any of their Hindu relatives. But the children or descendants of such children born after conversion are not affected by the rule if they are Hindus at the time when the succession opens.
It is interesting to note that the converts have not been disqualified to inherit, only their descendants or children of descendants have been disqualified to inherit in case they don’t remain Hindu when succession opens.
For example, P died, leaving behind three sons, A,B,C. B had earlier converted to Islam. Even though B converted, he will take his ⅓ rd share as the conversion is not a disqualification of heir.
Now in another scenario P died leaving behind a son B and four sons A1, A2,A3,A4 of the predeceased son A who had converted to Christianity. A1 & A2 were born before conversion and A4 and A3 born after his conversion. B, A1, A2 will inherit, and A3,A4 will be excluded.
DISQUALIFICATIONS UNDER MUSLIM LAW:
Under Muslim law, as in any other system of law, certain persons are, through heirs, not entitled to a share in the inheritance on account of their disqualifications.
NON-MUSLIM: Under Islamic law, a non-Muslim was not entitled to inherit the property from a Muslim. In India, this is not so. A Muslim who has renounced Islam, or had in any manner ceased to be a Muslim, will, nonetheless, be entitled to inheritance in the property of his deceased Muslim relation whose heir he is. But his non-Muslim descendants will not be entitled to inherit the property of the deceased Muslim. The inheritance to the property of a convert to Islam is governed by the Muslim law.
MU**ERER: Under the Hanafi law, an heir who has caused the death of the deceased intentionally, inadvertently, by accident, mistake, or negligence is excluded from inheritance. Under Shia law, the heir is disqualified only if the death is caused intentionally. This is a principle of general policy, and is followed in most systems of Law that an heir who has caused the murder of the deceased is disqualified from inheritance.
CHILD IN THE WOMB.-Under Muslim law, a child in the womb of her mother is entitled to inherit, if it is born alive. A stillborn child is treated as having been born alive if its mother was treated with violence as a consequence of which she gave birth to it. The law among the Shias and the Sunnis in this regard is the same.
ILLEGITIMATE CHILD : Under Muslim law (especially Hanafi law), an illegitimate child is related only to the mother. So, the child can inherit from the mother and her relatives, but has no right to inherit from the father or the father’s family.
DAUGHTERS (CUSTOMARY EXCLUSION): In some traditional customs (like among Gujars of Punjab & J&K), daughters were not given inheritance rights. In such cases, property passed to male heirs (like widow or paternal uncle), treating the daughter as if she did not exist. However, this is based on custom, not modern statutory law.
INSANITY AND UNCHASTITY: Insanity (mental illness) or unchastity (immoral conduct) do not disqualify a person from inheritance. The law does not deny property rights on these personal conditions.
CHILDLESS WIDOW: Under Ithna Ashari (Shia) law, a childless widow is entitled to a share in her husband’s property, but her right is limited. She can inherit from movable property and the value of immovable property (like land/buildings), but not the land itself. Her share is also subject to payment of her dower (mehr) and other debts of the husband.
STEP PARENT: Since step-parents are not related to their stepchildren, they are not entitled to inherit the property of their stepchildre.
ABSENT HEIR : If an heir is absent at the time of distribution of assets, then his share has to be kept apart for him until he is presumed to be dead
DISQUALIFICATION IN CHRISTIAN SUCCESSION
Under the Indian Succession Act, 1925, the framework for disqualification in Christian succession is comparatively less elaborate than under the Hindu Succession Act, 1956. The law does not provide an extensive list of disqualifications; instead, it primarily recognizes the well-established equitable principle that a person who has unlawfully caused the death of the deceased (i.e., commits murder) is barred from inheriting the deceased’s property. Beyond this, factors such as conversion of religion or remarriage are not treated as grounds for disqualification. In practice, courts rely on broader equitable doctrines, especially the principle that no person should benefit from their own wrongdoing, while determining such issues, making murder the only clearly settled ground, with other situations left to judicial interpretation.
CONCLUSION
The disqualifications under the Hindu Succession Act go beyond strict legal rules and reflect a deeper sense of justice and fairness within family relationships. By preventing a person from inheriting in cases of murder, the law firmly stands against wrongdoing. At the same time, disqualifications based on conversion and remarriage recognise the changing nature of personal ties and social identity. Together, these provisions ensure that succession is guided not only by legal entitlement, but also by conscience, morality, and the need to preserve trust and harmony within families.
