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Section 28: Disease, defect, etc., not to disqualify

Hindu Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 27 All 31 Sections The Schedule (Heirs) Section 29

Legal Commentary & Landmark Judgments: Section 28

Section 28 abolishes all traditional shastric disqualifications based on disease, deformity, physical defect, unchastity, or mental affliction, enacting that no person is disqualified from succession on such grounds.

  • Abolition of Physical & Mental Disqualifications: No person shall be disqualified from succeeding to any property on the ground of any disease, deformity, or physical or mental defect.
  • Abolition of Unchastity Disqualification: Completely abolishes ancient shastric rules that disqualified unchaste widows from inheriting property.
  • Exclusivity of Statutory Disqualifications: Disqualifications are restricted exclusively to those specifically enacted in the statute (murder under Section 25 and convert's descendants under Section 26).
Key Landmark Precedents:
  • V. Tulasamma v. Sesha Reddy (1977) 3 SCC 99: The Supreme Court highlighted that Section 28 represents the progressive, humanitarian core of the Hindu Succession Act, sweeping away all medieval, superstitious disabilities based on disease or moral conduct.
  • Bapurao v. Chandrasen (2001) 3 Mah LJ 365: Held that blindness, leprosy, insanity, or physical disability cannot be raised by relatives to deprive an heir of their statutory inheritance under Section 28.
Courtroom Practice & Strategic Litigation Guidance:

If opposing relatives claim that an heir cannot inherit because they suffer from Down syndrome, mental disability, leprosy, or alleged moral misconduct/unchastity, cite Section 28. Under Section 28, no physical, mental, or moral defect can bar statutory inheritance.

Section 27 All 31 Sections The Schedule (Heirs) Section 29