Man convicted for wife’s dowry death can’t inherit her property: Kerala HC

KOCHI: High court has ruled that a husband who was convicted and sentenced for dowry death cannot inherit the deceased wife's property, even though the Indian Succession Act, 1925, does not contain an enabling provision disqualifying a murderer from inheritance.

A bench of Justice S Eswaran issued the ruling, observing that the case is a classic example where the court must step in and apply the principles of justice, equity and good conscience rather than adopt a pedantic approach by stating that, since the statute is silent, the party cannot seek any relief. HC was considering an appeal filed by the deceased Valsala's mother, Indira, and her brother, Vijayan, natives of Thiruvananthapuram, challenging the judgments and decrees of the courts below, which had dismissed their suits by holding that there is no provision in the Indian Succession Act, 1925, disqualifying a husband who murdered his wife from inheriting her property.


Valsala and Appukuttan alias Palraj, natives of Thiruvananthapuram, were married in 1996. It was pointed out that Vijayan and Indira had given 20 cents of land to Appukuttan as dowry. Appukuttan later demanded additional dowry, following which Valsala's mother and brother deposited Rs 75,000 in a bank in the joint names of Valsala and Appukuttan. However, in 1997, Appukuttan murdered Valsala over his demand for additional dowry. He was later sentenced to 10 years' imprisonment by the trial court and was released from prison in 2015. Meanwhile, when the fixed deposit matured, Vijayan and Indira instituted a suit seeking recovery of the amount to prevent its inheritance by Appukuttan. The suit was dismissed by the munsif court, and the decision was upheld by the district court, prompting them to move HC.

In the appeal, HC primarily considered the legal question of whether a husband convicted and sentenced for dowry death can claim the deceased wife's property. HC observed that under the common law doctrine of the "Slayer Rule", which originated in the United States, a person who feloniously and intentionally kills another is disqualified from inheriting the property of the victim. It was also noted that, under the Hindu Succession Act, 1956, a murderer cannot profit from his crime, though no such express provision exists in the Indian Succession Act, which was applicable in the present case.

HC observed that the issue raised in the case is largely based on public policy and that courts cannot adopt a view that would erode social morality. Accordingly, HC allowed the appeal and disqualified Appukuttan from inheriting Valsala's property.