Lawstreet Journal

Once The Son Is Totally Disinherited Then His Whole Stock Stands Disinherited: SC [Read Judgment]

Lawstreet Journal 8 Oct 2019 3:26pm

Image courtesy: Lawstreet Journal Judiciary Once The Son Is Totally Disinherited Then His Whole Stock Stands Disinherited: SC [Read Judgment]

The Supreme Court on May 6, 2005, in the case of Vellikannu v. R. Singaperumal & Anr., has held that a person who is guilty of committing the murder cannot be treated to have any relationship whatsoever with deceased’s estate and when the son cannot succeed then the wife who succeeds to the property through the husband cannot also lay a claim to the property of her father-in-law.

The ruling was passed by a Division Bench comprising of Justices Ashok Bhan and A.K. Mathur.


In this case, the scheduled properties were the self-acquired properties of late Ramasami Konar and the first defendant was the only son of Ramasami Konar and the plaintiff was the wife of the first defendant. On October 10, 1972, the first defendant murdered his father and was convicted under Section 302 of the Indian Penal Code, 1860, for life imprisonment. Since the first defendant murdered his father, he was not entitled to succeed to the estate of his deceased father and the plaintiff claimed that she was alone entitled to all the properties left by the deceased.

The Trial Court by an order dated March 31, 1980, held that all the properties are joint family properties of the deceased Ramasami Konar and first defendant. The first defendant having murdered his father is not entitled to claim any right under Section 6 read with Sections 25 & 27 of the Hindu Succession Act, 1956, but as per proviso to… Continue Reading...

Tagged: supreme court in india  
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