Case Note & Summary
The case involves an appeal against an order of the learned Single Judge of the Bombay High Court dismissing a Chamber Summons filed by the Appellant, Jaya Talakshi Chheda, in testamentary proceedings. The Appellant was married to Suresh Kalyanji Bhagat, and they were divorced in 2006. Subsequently, the Appellant and her son Hitesh Suresh Bhagat were convicted for the murder of Suresh Kalyanji Bhagat in 2013 and sentenced to life imprisonment. Hitesh died in jail in 2014 while serving his sentence. The Appellant filed a Chamber Summons seeking to amend the petition for probate by substituting herself as the heir of her deceased son Hitesh, who was originally a party. The learned Single Judge dismissed the summons on the ground that the Appellant was disqualified under Section 25 of the Hindu Succession Act, 1956, which disqualifies a murderer from inheriting the estate of the deceased. The Appellant argued that the disqualification under Section 25 should not apply because her conviction was under appeal and not final. The Court, however, held that the disqualification under Section 25 is automatic upon conviction and does not depend on the finality of the conviction. The Court reasoned that the purpose of Section 25 is to prevent a murderer from benefiting from his or her crime, and allowing the Appellant to inherit would defeat this purpose. The Court also noted that the Appellant's conviction for murder of her husband disqualified her from inheriting his estate, and since her son's interest in the estate derived from the husband, she could not represent that interest. The appeal was dismissed, affirming the order of the learned Single Judge.
Headnote
A) Hindu Succession Act - Disqualification for Murder - Section 25 - Disqualification of murderer from inheriting estate - The Appellant, convicted for murder of her husband, sought to be substituted as heir of her deceased son in testamentary proceedings - The Court held that Section 25 disqualifies a person who commits murder from inheriting the estate of the deceased, and the disqualification applies automatically upon conviction, regardless of the pendency of an appeal - The Court dismissed the Chamber Summons seeking substitution, as the Appellant was disqualified from inheriting the estate of her husband, and consequently could not represent her son's interest (Paras 1-25).
Issue of Consideration
Whether the Appellant, convicted for murder of her husband, is disqualified from inheriting his estate under Section 25 of the Hindu Succession Act, 1956, and whether the disqualification applies even when the conviction is under appeal.
Final Decision
Appeal dismissed. The order of the learned Single Judge dated 21st August, 2017 dismissing the Chamber Summons is affirmed. The Appellant is disqualified under Section 25 of the Hindu Succession Act, 1956 from inheriting the estate of her deceased husband.
Law Points
- Section 25 of Hindu Succession Act
- 1956 disqualifies a person who commits murder from inheriting the estate of the deceased
- disqualification applies even if the conviction is under appeal
- disqualification is automatic upon conviction and not dependent on finality of conviction
Case Details
2018 LawText (BOM) (12) 63
APPEAL NO. 358 OF 2017 IN CHAMBER SUMMONS (TESTAMENTARY) NO.86 OF 2017 WITH NOTICE OF MOTION (APPEALS) (L) NO. 2019 OF 2017 IN APPEAL NO. 358 OF 2017
B.R. Gavai, Riyaz I. Chagla
Dr. Virendra Tulzapurkar, Senior Counsel with Mr. K.T. Kukreja, Ms. Bhumika Gada and Mr. Nilkanth Gharkar and Mr. Ram Pawde i /b. Mr. Devang Hasmukhlal Shah for the Appellant. Mr. Atul Damle, Senior Counsel with Mr. Sachin R. Pawar and Mr. M.A. Amjith, for the Respondent No.1. Mr. Amit Seth, for the Respondent No.3.
Tanuja Jayantilal Bhagat & 2 Ors.
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Nature of Litigation
Appeal against order dismissing Chamber Summons in testamentary proceedings on ground of disqualification under Section 25 of Hindu Succession Act, 1956.
Remedy Sought
Appellant sought to amend probate petition by substituting herself as heir of her deceased son Hitesh Suresh Bhagat, and to get citation issued against her.
Filing Reason
Appellant was convicted for murder of her husband and sought to inherit his estate through her son's interest.
Previous Decisions
Learned Single Judge dismissed Chamber Summons on 21st August, 2017 holding that Appellant incurred disqualification under Section 25 of Hindu Succession Act, 1956.
Issues
Whether the Appellant, convicted for murder of her husband, is disqualified from inheriting his estate under Section 25 of the Hindu Succession Act, 1956.
Whether the disqualification under Section 25 applies even when the conviction is under appeal.
Submissions/Arguments
Appellant argued that disqualification under Section 25 should not apply because her conviction was under appeal and not final.
Respondents argued that Section 25 disqualifies a murderer from inheriting, and the conviction, even if under appeal, is sufficient to trigger disqualification.
Ratio Decidendi
Section 25 of the Hindu Succession Act, 1956 disqualifies a person who commits murder from inheriting the estate of the deceased. The disqualification is automatic upon conviction and does not depend on the finality of the conviction. The purpose of the section is to prevent a murderer from benefiting from his or her crime.
Judgment Excerpts
This Appeal challenges an order of the learned Single Judge of this Court dated 21st August, 2017 (“the impugned order”) by which the Chamber Summons was dismissed on the ground that the Appellant incurred disqualification under Section 25 of the Hindu Succession Act, 1956 (“the Act”).
The Appellant got married to one Suresh Kalyanji Bhagat on 18th February, 1979. Thereafter, the Appellant and Suresh K. Bhagat were divorced on 5th July, 2006. The said Suresh K. Bhagat was alleged to have been murdered by the Appellant and their son Hitesh Suresh Bhagat along with others on 13th June. 2008.
Procedural History
The Appellant and her son Hitesh were convicted for murder of Suresh Bhagat on 31st July, 2013. Hitesh died in jail on 23rd March, 2014. The Appellant filed Chamber Summons (Testamentary) No.86 of 2017 seeking to amend the probate petition by substituting herself as heir of Hitesh. The learned Single Judge dismissed the summons on 21st August, 2017. The Appellant filed the present appeal against that order.
Acts & Sections
- Hindu Succession Act, 1956: 25
