Section 26 hindu succession act

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 brother 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.

Central Government Act

Section 26 in The Hindu Succession Act, 1956

26. Converts descendants disqualified. Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.

Section 2 in The Hindu Succession Act, 1956

2.

(1) Application of Act. This Act applies-

(a) to any person, who is a Hindu by religion in any of its forms

(c) any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion.

(3) The expression" Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

You may also go thru the judgment delivered by

Madras

High Court

E. Ramesh And Anr. vs P. Rajini And 2 Ors

https://www.indiankanoon.org/doc/346973/

6. (i) Whether the Hindu, by conversion, can forego the right of inheritance?

7. So far as the first question is concerned, the learned single Judge referred to Section 26 of the Hindu Succession Act (hereinafter referred to as the Act) and held that the bar for inheritance is only in respect of legal heirs of the convert. The individual, who convert himself to other religion from Hinduism, will not forego the right of any inheritance. He also relied upon the judgment in the case of Asoke Naidu v. Raymond S. Mulu,

9…………………Section 28 of the present Act discards almost all the grounds which imposed exclusion from inheritance andlays down that no person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity. It also rules out disqualification on any ground whatsoever excepting those expressly recognized by any provisions of the Act.

12…………………….Caste Disabilities Removal Act, 1850 (Act 21 of 1850) had not been repealed so far. This Act contains only one Section, which is as follows :

"Law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste to cease to be enforced ; So much of any law or usage now in force within India as inflicts on any person forfeiture of rights or property, or may be held in any way to impair to affect any right of inheritance, by reason of his or her renouncing, or having excluded from the communion of, any religion, or being deprived of caste, shall

cease to be enforced as law in any Court."

13. This enactment removed the stigma to inherit the property, in case of conversion to other religion. By virtue of this provision, definitely, the conversion of a Hindu to other religion will not disentitle the convert from...(sic) his right of inheritance to the property.

Section 26 reproduced above appears ambiguous and confusing.

A person gets converted to Christianity. Thereafter he marries a Christian woman and gets children. Normally such children would be born Christians. When the father of the original convert dies he inherits part or whole of his father's property.  In due course when he dies his Christian children cannot get their father's inherited property. Then what will happen to the property? Will it go to the Government?

Can any of the legal brains enlighten me on this?

Section 26 in The Hindu Succession Act, 1956

“…………………………….unless such children or descendants are Hindus at the time when the succession opens.”

The succession opens on the date of the death of the person, whose estate is being inherited.

---------The Section refers to the position of legal heirs of the converts who have converted to other religions. The children born to them and their descendants are disqualified from inheriting the property of any of their Hindu relatives, provided such children and their descendents are not Hindus at the time when succession opens. If the children or descendants of persons (Converts) who has ceased to be Hindu by conversion to another religion are reconverted to Hindu religion at the time when succession opens, they are not disqualified from inheriting the property of any of their Hindu relatives.

-------If the children born to them (Converts) and their descendants have not reconverted to Hindu religion at the time when succession opens, they are disqualified from inheriting the property of any of their Hindu relatives.

--------If the children born to them (Converts) and their descendants are disqualified from inheriting the property, it should be divided between the other (remaining) legal heirs according to Hindu Succession Law.

First right on wealth is of ClassI heirs.

Only if no one amongst Class I heirs exist, then relations under Class II can claim their rights.

{ A remarried widow and a person declared murderer by law for the murder of the person from whom he was suppose to acquire the wealth shall be disqualified from acquiring from the wealth of the deceased Hindu}

If both ClassI & ClassII heir are missing, Agnates and Cognates in succession may stake their claim.

If there is no heir qualified to succeed to deceased Hindu dying instate, his or her property in accordance with the provisions of the Act, shall go to the Government.