Hindu succession act

R.Manivasagan (Querist) 25 March 2012 This query is : Resolved
Whether the female Hindu, who converted as a Christian in the year 2000 is having any property with his elder brother in the ancestral property?

Is there any bar to seek the relief of partition agaisnt the brother in the absence of her father ?

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V R SHROFF (Expert) 25 March 2012
No bar.
She can claim her part of ancestral property.

Advocate SK Rohilla New Delhi (Expert) 25 March 2012
No!!! She cannot claim any property now, as the amended act applies only to Hindu, because she convereted to Christian in 2000 and amendment come in 2005.

Nadeem Qureshi (Expert) 25 March 2012
Dear Querist
the law is:
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.

Deepak Nair (Expert) 25 March 2012
No. She lost her right by conversion.

Adv.R.P.Chugh (Expert) 25 March 2012
She is not disqualified from claiming partition. Caste Disabilities Removal Act coupled with S.26 make it clear.

SAINATH DEVALLA (Expert) 25 March 2012
Dear Mr. Manivasagam,

Inheritance of property is governed by the personal law applicable to the person. Before conversion, if the ancestral property is not divided and you have not acquired your share in the property, then after conversion of the religion, you will no more remain eligible for getting your share of the ancestral property as you cease to remain in that religion, and the laws applicable for disposal of property for that particular religion are no more applicable to you. However, before conversion, if you have already acquired your share in your ancestral property, then you can very well dispose of that property as per your own wish and will but it will be governed by the personal law applicable to that religion which you have opted after conversion. Self acquired property can be retained after conversion. Hence once after conversion she automatically looses her right to ancestral property