Murderer disqualified from inheriting estate - legal principles and equity prevail

Kenchava Kom Sanyellappa Hosmani and Ors. Versus Girimallappa Channappa Somasagar

Kenchava Kom Sanyellappa Hosmani and Ors. Versus Girimallappa Channappa Somasagar - TMI Issues:
1. Determination of heir to the property after the murder of a family member.
2. Whether the murderer can succeed to the estate.
3. Can title be claimed through the murdererRs.
4. Determination of heirs among cousins based on gender preference.

Analysis:

Issue 1: Determination of heir to the property after the murder of a family member
The case involved determining the heir to the property after a murder within the family. The deceased, Chanbasava, had adopted a son, Parappa, who became the propositus for inheritance. The murderer, Hanmappa, was disqualified from inheriting due to the murder. The Subordinate Judge and the High Court agreed that the murderer had no title, and the heirship was not to be traced through him. The legal estate was held to be disqualified from the murderer, and the heirship was to be traced directly to Parappa.

Issue 2: Can the murderer succeed to the estateRs.
The courts held that the murderer, Hanmappa, was disqualified from inheriting the estate due to the murder of Chanbasava. The Subordinate Judge and the High Court agreed that the murderer could not succeed to the estate, and any title claimed through him was also rejected. The principles of equity, justice, and good conscience were applied to exclude the murderer from inheriting the property.

Issue 3: Can title be claimed through the murdererRs.
The courts determined that title could not be claimed through the murderer, Hanmappa. The murderer was treated as non-existent for inheritance purposes, and he did not form a fresh line of descent for succession. The courts rejected the argument that the murderer's sisters, the defendants, could take precedence over the plaintiff, his cousin, based on the murderer's lineage.

Issue 4: Determination of heirs among cousins based on gender preference
The case involved a dispute between the plaintiff, the son of the deceased father's sister, and the defendants, the daughters of the deceased father's brother, regarding inheritance. The Subordinate Judge initially divided the property equally among the cousins. However, the High Court held that male members of the family were preferred over females. The High Court gave preference to the plaintiff as a male, following the principle of preference for male bandhus over females among cousins.

In conclusion, the Privy Council upheld the decision of the High Court of Bombay, ruling that the case was rightly decided, and dismissed the appeal. The judgment emphasized the application of legal principles, equity, and established customs in determining inheritance rights among family members.