Partition and inheritance disputes are mainly civil matters, but the Bharatiya Nyaya Sanhita (BNS), 2023 applies when criminal acts take place during these conflicts. BNS covers offences such as forgery of wills, threats to family members, misuse of entrusted property, illegal possession, and damage to shared assets. While civil courts decide rights and shares, BNS ensures strict action against any criminal behaviour involved in partition and inheritance disputes.
Partition & Inheritance
Partition and inheritance disputes are primarily civil matters, decided under succession laws and property laws, not the Bharatiya Nyaya Sanhita (BNS). However, when family conflicts over property involve criminal acts, the Bharatiya Nyaya Sanhita (BNS), 2023 becomes applicable. BNS does not decide who inherits property, but it punishes criminal behaviour that may occur during disputes.
1. Forgery & Fake Documents
Creating or using a fake will, forged signatures, or manipulated property papers during inheritance disputes is punishable under BNS.
2. Criminal Intimidation
Threatening or pressuring family members to give up their share of property, or forcing them to sign documents, attracts BNS criminal provisions.
3. Criminal Breach of Trust
If a family member entrusted with property or inheritance funds misuses or illegally transfers them, BNS charges can apply.
4. Trespass & Property Damage
Breaking locks, forcefully occupying ancestral property, or damaging shared assets during disputes may lead to BNS penalties for trespass or mischief.
Overview
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Description
Partition and inheritance matters are primarily handled under civil laws like the Hindu Succession Act, Indian Succession Act, and personal laws, but the Bharatiya Nyaya Sanhita (BNS), 2023 becomes crucial when these family disputes involve criminal wrongdoing. Although BNS does not decide legal shares or ownership, it provides strong criminal protection to ensure fairness and prevent unlawful actions during the division of property.
One of the most common criminal issues in inheritance disputes is the creation or use of forged documents, such as fake wills, manipulated signatures, altered property records, or fabricated agreements. BNS treats all forms of document forgery and the use of such documents as genuine as serious offences. This ensures that no family member can illegally claim property by using fraudulent paperwork.
Another significant area where BNS applies is criminal intimidation, especially when someone uses threats, pressure, or violence to force family members to give up their lawful share or sign documents against their will. Such behaviour—common in ancestral property fights—is punishable under BNS, safeguarding vulnerable family members from coercion.
BNS also deals with criminal breach of trust, which arises when property, money, or valuable items entrusted to a family member—often after the death of an elder—are misused or dishonestly converted for personal benefit. If an executor, caretaker, or co-owner diverts inheritance assets for themselves, BNS ensures criminal accountability.
Acts such as breaking locks, forcefully entering ancestral homes, occupying shared property without consent, or damaging common assets fall under criminal trespass and mischief as per BNS. These provisions help maintain order and prevent physical property damage during heated family disputes.
