Hindu Succession Act: These Persons Cannot Inherit Property

The Hindu Succession Act 1956 lists certain conditions under which a person is disqualified to inherit a property or may not be the first preference, as the case may be.

These are the persons who cannot inherit a property according to the law:

Half-blood

If all aspects of the relation to the person from whom one is expecting to inherit property remain same, then the one who is of a biological descent shall be taken into preference. Half-blood is referred to those who share a common parent and either the father or the mother might have remarried. In such a case, the father's biological child (born of the previous wife) has the first right over the property as against. In short, full blood is preferred to half-blood relations.

In case of simultaneous deaths

This is based on a presumption. If two people have died and if it becomes uncertain as to which of them survived the other, then for reasons of succession, it is presumed that the younger survived the elder unless proved contrary.

Daughters come later

In case the Karta of a Hindu Undivided Family (HUF) dies without leaving a will, survived by both sons and daughters and if his property includes a dwelling house which may or may not be wholly occupied by either of these heirs, the daughter's right to the property will arise only after the sons choose to segregate their shares. However, no one can deny her the right to live in the house till then if she is unmarried, separated, deserted or a widow. Married women do not enjoy this provision (at least not for long).

Remarried widows

If the widow of a predeceased son or a widow of a brother is remarried by the time a succession case opens, she shall not be considered to inherit property.

Crime

Even if one is a legal heir and is to inherit property, if he/she is found guilty of a murder or in abetting a murder, such a person would be disqualified from inheriting a property.

Heirs of converts

Converts cannot be disqualified from ancestral or father's acquired property. However, heirs of a convert is disqualified from inheriting any property from his/her Hindu relatives unless they are Hindus at the time when the succession opens.

Also,

Heir of a disqualified heir

A disqualified heir is considered as if he had expired before the will was even made. Therefore, succession will continue accordingly that is, the father (disqualified heir) may not have inherited anything but his son or class I heirs can claim inheritance in a Hindu Undivided Family.

In the absence of an heir

If there aren't any legal heirs, such property is transferred to the government.