New Delhi

The Supreme Court of India has ruled that a person accused of committing murder or abetting the killing of another individual cannot claim inheritance over the victim’s property, even if the criminal trial is still pending.

A bench comprising Justice J B Pardiwala and Justice R Mahadevan held that such disqualification would extend to both intestate succession—where inheritance is governed by personal law in the absence of a will—and testamentary succession, where property is transferred through a will.

The court observed that a person facing allegations of murdering, or aiding in the murder of, the individual from whom inheritance is sought cannot be permitted to assert succession rights.

Referring to Section 25 of the Hindu Succession Act, 1956, the bench noted that the law expressly bars any person who commits murder or abets its commission from inheriting the deceased’s estate.

The court further said the disqualification is rooted not only in statutory law but also in broader principles of justice, fairness and equity, emphasising that no individual should be allowed to benefit from alleged wrongdoing.

In its ruling, the bench observed that strict proof of guilt is not essential in civil proceedings if the available material, judged on the standard of “preponderance of probabilities,” indicates involvement in the offence.

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The verdict came while hearing an appeal challenging an order of the Karnataka High Court, which had overturned a civil court ruling from Bengaluru in a property inheritance dispute.