304b and hindu succession act 15
munna
(Querist) 12 March 2011
This query is : Resolved
wife died by hanging.died after 6 months from the date of marriage.a case was registered on husband and his whole family under section 304b.this case was booked in the month of dec 2010.(we r sure that they will b acquital from this case).but the cause of the death was not dowry demand.before the day she died, she lost her pregnency.husband along with his family members used to live in the house which was on the name of his wife.house was purchased by deceased(wife)father on the name of her.when the whole family was in remand there occured a theft in the house.gold,money and land papers were lost.when they were out on bail the complainants with the influence of police asked the accused husband to leave the house.they were ready to leave the house if they compromise the case.but the complainants were not ready.so the husband had made a petition on house under hindu succession act no15.now the question is...is the husband the perfect successor of the house as he is accused in 304b? note:husband is ready to go for cid enquiry too in 304b case.he is ready to give his wife's property to any charity but he doesnt want to let the property go to his wife's sisters. what to do?
M V Gupta
(Expert) 13 March 2011
If the husband is proved guilty of abetting the suicicde of the wife, he will be disqualified to inherit the wife's peoperty under Sec 25 of the Hindu Succession Act, 1956.