CHANAKYA NATIONAL LAW UNIVERSITY,

NYAYA NAGAR, MITHAPUR, PATNA – 800001.

DISQUALIFICATION AS SUCCESSION UNDER HINDU LAW:

A COMPERATIVE STUDY

ROUGH DRAFT SUBMITTED IN PARTIAL FULFILMENT OF THE COURSE TITLED

FAMILY LAW - II

SUBMITTED TO: -
Mrs. POOJA SRIVASTAVA
Teacher Associate
SUBMITTED BY: CHITRAGUPTA
SHARAN
ROLL NO : 2116
SEMESTER : 4th
SESSION : 2019-2024
B.A. LL.B. (Hons.)
 INTRODUCTION
Family law is an area of the law that deals with family related issues and domestic relations
including, but not limited to: the nature of marriage, civil unions and domestic partnership issues
arising during marriage, (including spouse abuse, legitimacy, adoption, surrogacy, child abuse,
and child abduction), the termination of the relationship, and ancillary matters (including
divorce, annulment, property settlements, alimony, and parental responsibility orders). Family
law is the broad term. The scope of family law is subjective in nature. There are different
branches of family law. The most important part under family law is the Hindu Succession Act
1956. This project is mainly focused on laws related to disqualification under the Hindu
Succession Act 1956, and what old Hindu law and Modern Hindu laws say about disqualification
this. There are certain laws related to disqualification law, like certain widows remarrying may
not inherit as widows, murderer disqualified, converts decedents disqualified, succession when
heir disqualified. There is one exception to disqualification in which person shall not be
disqualified - disease, defect, etc. - not to disqualify.
Inheritance of property has always been a contentious issue. In India, the Hindu Succession Act
1956 contains provisions regarding inheritance of property. The succession to the estate of a
deceased Hindu is not automatic and has to be as per the provisions of the law.
At the same time, the Hindu Succession Act also contains various provisions which disqualify
the legal heir to succeed to the estate. A person may be a legal heir of the deceased person. Still,
he may be disqualified to inherit the property.
The Hindu Succession Act, 1956 does not follow the old text of disqualifications of heirs and
mentions some new disqualifications which debar the heirs to succeed the property of the
intestate. These disqualifications are—
(1) Disqualification arising from remarriage. (Section 24)
(2) Disqualification arising on account of commission of murder. (Section 25)
(3) Disqualification arising from conversion. (Section 26)
The old division of disqualifications of heirs into physical, mental, moral, religious and equitable
has been dispensed with under the present Act. In Khagendra Nath Ghosh v. Karunadhar, the
Calcutta High Court lays down that excepting sections 24, 25 and 26 there is no other provision
under the Act which provides for disqualifications of heirs to succeed.
These sections do not disqualify any female heir on the ground of her unchastity or leading an
immoral life. Thus, the unchastity of wife does not exclude her from claiming inheritance in the
property of her husband, nor could she be divested of the property which she has once inherited
on the ground that she has become unchaste. Under the old Hindu law physical disability or want
of organ viz, deafness, dumbness, congenital and incurable blindness, leprosy etc, mental
disability like lunacy, idiocy etc. were the grounds of exclusion from inheritance . The Hindu
Inheritance (Removal of Disabilities) Act, 1928 removed all the disqualifications except lunacy
or idiocy. Section 28 of the Act has declared that defect, disease, deformity etc. shall not be the
grounds of exclusion from inheritance.
 AIM AND OBJECTIVES

The following research has an objective in highlighting the disqualifications as to succession

under Hindu Law. The research will then go on to demarcate the possible reliefs or exceptions
available to as against disqualification. The research will also deal with the different grounds of
the disqualification.

RESEARCH METHODOLOGY

The researcher will be relying upon Doctrinal Method of research to complete the project.

SOURCES OF DATA

The researcher will use these sources to complete the project

Primary Sources - Legislative Provisions, Cases, Journals.

Secondary Sources - Books, Law Reports, Articles, Websites.

HYPOTHESIS
 Disease, deformity, defect and remarriage etc., cannot be the grounds for exclusion from
inheritance.
TENTATIVE CHAPTERISATION
1. Introduction
2. Disqualification as to Succession.
3. Grounds for Disqualification.
4. Exception to Disqualification.
5. Case Laws
6. Conclusion

BIBLIOGRAPHY

 BOOKS
1. Dr. Paras Diwan, Law of Intestate and Testamentary Succession, Ed. 2nd , universal Law
Publishing Co. Pvt. Ltd.
 WEBSITES
1. http://www.advocatekhoj.com
2. http://www.shareyouressays.com
3. http://indiacode.nic.in
4. http://www.lawyersclubindia.com
5. http://www.lexisnexis.com
6. https://racolblegal.com
7. https://www.nrilegalservices.com