1. Exclusion from inheritance

2. Gobinda Chandra Mandal
Associate Professor
Department of Law
University of Dhaka

3. 1
Unchastity

4. Unchastity of ----?

5. Unchastity as a ground of exclusion
Excludes a female from inheriting to a male, but not to a female;
Not a bar to inhering stridhana;
Mitakshara- the only female liable to be excluded is widow;
Dayabhaga- also the other females, i.e. daughter and mother;
Widow unchaste during husband’s death – excluded;
Once vested, cannot be divested.

6. The question of unchasity arises only for females

7. 2
Change of religion

8. the Caste Disabilities Removal Act, 1850 (Not applicable in BD)
Change of religion
Ceased to be a ground of exclusion after
the Caste Disabilities Removal Act, 1850
(Not applicable in BD)

9. Physical and mental defects3
Physical and mental defects

10. Blindness, deafness and dumbness- congenital and incurable;
Defects, deformities and diseases that exclude an heir from inheritance
Blindness, deafness and dumbness- congenital and incurable;
Want of any limb or organ, if congenital (also includes congenital impotence);

11. Lunacy- if exists at the time when succession opens;
Defects, deformities and diseases that exclude an heir from inheritance
Lunacy- if exists at the time when
succession opens;
Idiocy- congenital, complete and absolute;

12. Other incurable disease.
Defects, deformities and diseases that exclude an heir from inheritance
Leprosy- of virulent type, incurable and renders him unfit for social purposes;
Other incurable disease.

13. The Hindu Inheritance (Removal of Disabilities) Act 1928
Defects, deformities and diseases that exclude an heir from inheritance
Under
The Hindu Inheritance (Removal of Disabilities) Act 1928
only congenital lunacy and idiocy affects inheritance.

14. 4
Murder

15. Muder as a ground of exclusion
A murderer, not disqualified under Hindu law but disqualified under the principles of justice, equity and good conscience from succeeding the murdered;
No title can be claimed through the murderer;

16. Muder as a ground of exclusion
Treated as non-existent when the succession opens;
Cannot be regarded as a fresh stock of descent

17. 5
Effects of disability

18. The disqualified person transmits no interest to his heir.
Effects of disablitiy
On disqualification, the next heir of the deceased succeeds as if the disqualified person were dead;
The disqualified person transmits no interest to his heir.

19. Effects of disability

20. Disqualification only personal6
Disqualification only personal

21. Purely personal and does not extend to his legitimate issue.
Effects of disability
Purely personal and does not extend to his legitimate issue.
But his adopted son is excluded.

22. Effects of disability

23. Effects of disability
Property once vested by inheritance is not divested by a subsequent disability.
Removal of disability after the opening of succession – the right to inheritance revives; but never against the estate already vested in another person.

24. The after born son of a disqualified heir,
Effects of disability
The after born son of a disqualified heir,
not entitled to inheritance.