Gopinath (sales) 19 June 2014

Hindu convert's succession to ancestral property

Dear Sir/Madam,

My Great Grand father had 2 sons and he bought 2 properties and registered one each

My Grand father had 4 sons and 2 daughters and died without leaving a WILL in the year 1990.

While my Grand father was living, his one of the son got married to a christian girl and my grand father chased him out of his property (this is the same property given to him by my great grand father, where he was living till his death)

Now that the son suddenly comes back (after 27 years of his marriage, he has 2 sons born of that christian girl) and ask for his share in the same property and threatens us to vaccate one portion of the property, which is being used by my father as a entrance to his room.

I have checked Hindu succession ACT and also Caste Disabilities Removal act, both are contradicting to me with regards to whether this son who had married a christian girl , (dont know yet if he got converted to christianity or not , but his marriage took place in a church) , does he have equal share in this property.

the property is still under my grand fathers name and all my uncles , my dad and mom and my paternal grand mother are still living here in this property,

Please advise a clear solution according to rule references, does a hindu convert need "Succession certificate etc to claim a share in this property ? please advise . thanking with respects. gopinath

Reply Follow

2 Replies

Kumar Doab (FIN) 19 June 2014

The property was registered in the name of your Grandfather and he has died without leaving a WILL.

The individual, who convert himself to other religion from Hinduism, will not

Forego the right of any inheritance.

The bar for inheritance is only in respect of legal heirs of the convert.

Your Paternal Uncle (son of deceased Father::::your grandfather) is descendent of Hindu family, therefore his right as one of the heirs can not be denied to him even if he has converted to Christianity.

The children of the convert and their descendants can also get over the disqualification if they reconvert to Hinduism at the time the succession opens.

There is no point in complicating the matter unnecessarily.

There are many threads on similar query that you may find relevant and you can download judgments as well e.g;

https://www.lawyersclubindia.com/forum/Section-26-hindu-succession-act-88836.asp#.U6K5dpSSwb9

https://www.lawyersclubindia.com/forum/details.asp?mod_id=99277&offset=1#.U6K5PpSSwb9

1 Like

Gopinath (sales) 20 June 2014

Dear sir,

Thanks very much for the advise confirmed to me, and many thanks to the references of previous judgement references as well. thanks to the lawyers club to have this kind of good service for the citizens of India, appreciate this forum.

Gopinath.