Who Are Regarded As Disqualified Heirs Under Hindu Law?

The following are the disqualified heirs:

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An unchaste woman or widow (Dayabhaga); an unchaste widow (Mitakshara); blind, deaf and dumb persons; persons wanting any limb or organ; lunatics, idiots, lepers and persons suffering from other incurable diseases; and a murderer of the owner of the property.

Under the Hindu inheritance (Removal of Disabilities) Act, 1928, no person other than a person who is, and has been from birth a lunatic or idiot, is excluded from inheritance by reason only of any disease, deformity, or physical or mental defect The Act came into force on 20th September, 1928. It is not retrospec­tive.

The Act does not apply to any person governed by the Day­abhaga School of Hindu Law.

The disabilities which exclude a male from inheritance also exclude a female from inheritance.

Where heir is disqualified, the next heir of the deceased suc­ceeds as if the disqualified person were dead. But the disability is only personal; it does not extend to the legitimate issue of the disqualified heir. Nor does it extend to widows in Bombay. But the adopted sons of disqualified heir arc not entitled to this heri­table right.

For example, A dies leaving a son B who is insane from birth, and a grandson by B. The grandson will succeed to A as A’s heir.

Sec. 28 of the Hindu Succession Act, 1956 provides that no person shall be disqualified from succeeding on the ground of any disease, defect or deformity or on any other ground not provided in the Act.

Where a person is excluded from inheritance on account of a disability, he and his wife and his children are entitled to mainte­nance out of the property which he would have inherited but for the disability.