Incompetence to succeed by reason of unworthiness to succeed

(1) The following persons shall be unworthy to succeed the estate leaver and are, consequently, incompetent to be his successors:— (a) A person convicted for the commission of murder of, or attempt to murder, the estate leaver or his spouse, descendant, ascendant, adopter or adoptee;

(b) A person convicted for defamation of the persons specified in the preceding clause or for giving false evidence against the aforementioned persons in relation to an offence punishable with rigorous imprisonment for not less than two years, whatever its nature;

(c) A person who, by deceit or coercion, induced the estate leaver to make, revoke or modify a will, or obstructed him from doing so; (d) A person who has fraudulently spirited away, concealed, destroyed or suppressed a will, before or after the death of the estate leaver, or has benefited himself by any of his abovementioned acts.

(2) The conviction mentioned in clauses (a) and (b) of sub-section (1) may be subsequent to the opening of the inheritance but the offence must have been committed before it. However, when the institution of an heir or the appointment of a legatee is subject to a condition precedent, the offence committed before the condition is fulfilled, shall be relevant till the condition is fulfilled and shall have the same consequences.

(3) Upon conviction as provided in clause (a) or (b) of sub-section (1) becoming final, the person so convicted shall be unworthy of succeeding to the estate leaver.

(4) The suit for a declaration that the person is unworthy of succeeding to the estate leaver may be filed within 1 year from the date of knowledge of the cause of unworthiness laid down in clauses (c) and (d) of sub-section (1).