Convert doesn't lose inheritance under Hindu Succession Act: Bombay High Court

The Bombay High Court today held that a Hindu woman or a man does not lose the right to inherit parents' property under the Hindu Succession Act even after converting to another religion.

Published: 07th March 2018 01:02 AM  |   Last Updated: 07th March 2018 01:02 AM   |  A+A-

Bombay HC.

By PTI

MUMBAI: The Bombay High Court today held that a Hindu woman or a man does not lose the right to inherit parents' property under the Hindu Succession Act even after converting to another religion.

Justice Mridula Bhatkar upheld a lower court's order in favour of Nazneen Qureshi, a city resident.

"The right to inheritance is not a choice but it is by birth and in some cases it is acquired by marriage.

Therefore, renouncing a particular religion and to get converted is a matter of choice and cannot cease relationships which are established and exist by birth," Justice Bhatkar said.

"Therefore, a Hindu convert is entitled to his/her father's property, if father died intestate (without making a will)," she added.

Qureshi, born to Hindu parents, converted to Islam in 1979 and married a Muslim man.

After the death of her father, she laid equal claim to a flat and a shoe shop owned by her father along with her five sisters and a brother.

Her brother contested her claim, saying that as she had converted to Islam, she must be disqualified under the Hindu Succession Act.

The brother also sold off the shoe shop and did not share the proceeds with Qureshi, her plea said.

She filed a civil suit and the lower court granted her plea that her brother be restrained from selling or creating any third party rights in the family's flat.

The brother challenged the order in the HC.

His counsel argued that as the Act did not apply to Muslims, Christians, Jews and Parsis, by marrying a Muslim and changing her religion Qureshi had "lost the right in the suit property".

Her lawyer, however, argued that section 26 of Hindu Succession Act disqualifies descendants of a convert, but not a convert herself or himself.

Justice Bhatkar upheld the argument, saying the section 26 does not take away the rights of succession of a convert.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp