Hindu Succession Act: Hindu Daughter after Converting to Islam Not Loses Right to Inherit Property

By Editor Income Tax Judiciary October 8, 2017 3 comments

TaxGuru Citation: 2017 taxguru.in 898
Case Name: Nayanben Firozkhan Pathan Vs Patel Shantaben Bhikhabhai (Gujarat High Court)
Appeal Number: Only available for paid members
Courts: All High Courts, Gujarat High Court

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A change of religion and loss of caste was at one time considered as grounds for forfeiture of property and exclusion of inheritance. However, this has ceased to be the case after the passing of the Caste Disabilities Removal Act, 1850.

Section 1 of the Caste Disabilities Removal Act inter alia provides that if any law or (customary) usage in force in India would cause a person to forfeit his/her rights on property or may in any way impair or affect a person’s right to inherit any property, by reason of such person having renounced his/her religion or having been ex-communicated from his/her religion or having been deprived of his/her caste, then such law or (customary) usage would not be enforceable in any court of law. The Caste Disabilities Removal Act intends to protect the person who renounces his religion.

In the case of E.Ramesh and Anr. v. P. Rajini and 2 Ors. [(2002) 1 MLJ 216], a Division Bench of the Madras High Court has held that by virtue of Section 1 of the Caste Disabilities Removal Act, the conversion of a Hindu to another religion will not disentitle the convert to his right of inheritance to the property.