Whoever dishonestly misappropriates or converts to his own use any property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.
Illustrations
Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.
Legal Commentary & Landmark Judgments: Section 315
Section 315 punishes dishonest misappropriation of property possessed by a deceased person at the time of their death, and not since in the possession of any person legally entitled to it.
Examine bank statements and locker operations on the dates immediately preceding and following the death. Production of a registered will or succession certificate is vital in succession disputes.