Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Succession Act 1956 Coparcenery property Sections 25 and 27 rlw Sections 6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Succession Act, 1956--Sections 25 and 27 r/w Sections 6 and 8-Coparcenery property-Succession-Disqualification-Respondent No.1 murdered his father, who died intestate-Deceased was already divorced-He was survived by Respondent No. 1- his only son and the sole male survivor and Appellant- the daughter-in-law-Properties of the deceased were joint family properties and the parties were governed by Mitakshara School of Hindu Law-Question of succession-Held: Respondent no. 1 having murdered his father, will be deemed to have pre-deceased him and would be disqualified from inheriting the properties left by him as coparcener-Since the right of Appellant flows as wife of Respondent No.1, she too cannot inherit the said properties claiming as widow of Respondent No.1. Respondent No.1 murdered his father and was convicted under Section 302 IPC to life imprisonment. High Court confirmed the conviction but recommended the Government to reduce the sentence to the period already undergone. Respondent No. 1 was subsequently released from prison. The deceased was already divorced. He died intestate survived by Respondent No. 1, his only son and Appellant, the daughter-in-law. The properties of the deceased were joint family properties and the parties were governed by the Mitakshara School of Hindu Law. The questions which arose for consideration in the present appeal are whether Respondent no. 1 having murdered his father, will be deemed to have pre-deceased him and would be disqualified from inheriting the properties left by him as coparcener and that since the right of Appellant flows as wife of Respondent No. 1, she too cannot inherit the said properties claiming as widow of Respondent No. 1. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 267 |
Petitioner | Vellikannu |
Respondent | R. Singaperumal And Anr. |
SCR | [2005] Supp. (1) S.C.R. 160 |
Judgement Date | 2005-05-06 |
Case Number | 4838 |
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