Section 27 lays down the general rule relating to the effect of disability, which results from any of the causes mentioned in the group of Sections 24 to 28. Where an heir is disqualified, the next heir in order succeeds. According to this section, in case of a person suffering from disqualification, the property shall devolve as if the person disqualified had died before the intestate: Section 27 reads as follows:
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“If any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.”
ADVERTISEMENTS:
The disqualification from inheritance is personal and does not extend to the issues of disqualified heir unless there is any provision of law to the contrary. The provision relating to the disqualification of descendants of a convert from Hinduism thus applies to the disqualified heirs only. Since the disqualified person is deemed to have died before the intestate, no person can claim a right of inheritance to such property through him or her.
The section is prospective and not retrospective.
Escheat:
Section 29 of the Act provides that in case of failure of heirs specified in Sections 8 and 15 of the Act, on the death of intestate, the property will devolve on the Government. The Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.
The expression “Escheat” is generally used in such cases which denotes lapsing of property to the Crown or Government in default of heirs on the death of the owner intestate. Section 29 runs as under:
“If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.”