Dishonest misappropriation of property possessed by deceased person at the time of his death
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Summary
A person who dishonestly takes or converts to their own use property that was in a deceased person’s possession at the time of death, and which has not since come into the hands of anyone legally entitled, commits an offence. The offence is punishable with up to three years imprisonment and a fine. If the offender was employed by the deceased as a clerk or servant at the time of death, imprisonment may extend to seven years.
Example
Ravi is Meera’s servant. When Meera dies, cash kept in her drawer has not yet passed to anyone entitled; Ravi knowingly takes it. Under this section Ravi has committed the offence and can be punished with up to seven years’ imprisonment because he was employed as her servant at the time of death.
Bare Act
Enacted textWhoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’ 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’ decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.
Illustrations
(1) 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.
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