Rights of hindu women married to other religion on ancestral property
C.J.Sriram
(Querist) 04 May 2013
This query is : Resolved
X a Hindu women, married to Y - a Christian male during 1970. The family has ancestral property. does she have a claim on them even though the she has converted to Christianity and the family has disowned her after marriage.
Nadeem Qureshi
(Expert) 05 May 2013
Dear Querist
as per section 26 of Hindu Succession act
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.
P. Venu
(Expert) 05 May 2013
Section 26 ibid disinherits the convert's descendants, not the convert.
Dr V. Nageswara Rao
(Expert) 05 May 2013
I agree with Mr Venu. S. 26 does not disqualify the convert but only his/her children and their descendants.But the children of the convert and their descendants can get over the diswualification if they reconvert to Hiduism at the time the succession opens. Rationale could be that the convert was born Hindu while the children etc are born Christians.
C.J.Sriram
(Querist) 06 May 2013
Thanks Mr.Nadeem Qureshi,Mr.R.K.Nanda, Mr.P.Venu and Dr.V.Nageswara Rao. One clarification please from each of you.
What about the applicability of the Act itself under Sec 2 which expressly deny applicablity to a Chrisitian.(applies to any person who is not a Muslim or Christian.....)
Could u enlighten pl
Dr V. Nageswara Rao
(Expert) 06 May 2013
Of course,HS Act applies to Hindus and does not apply to non-Hindus, both as defined in S.2.
Pl see S. 2 (1) Explanation (c)under which converts abd reconverts to Hinduism are included in the definition of Hindu.
Guest
(Expert) 06 May 2013
Mr. Sriram,
Your original query does not indicate anywhere that the woman who married a christian has also converted herself in to a christian. Although you have received appropriate advice about the applicability of the HS Act on that woman, your supplementary query seems as if you want to know how you can evade applicability of the HS Act on the Hindu woman, who married a christian. Be sure, you cannot misdirect the provisions of HS Act.
Being descendent from Hindu family, her right as one of the heirs cannot be denied to her even if she would have converted herelf as a christian. Of course her own children out of that marriage won't be eligible for any share out of the property of her father, if she dies during the life time of her father.
Sudhir Kumar, Advocate
(Expert) 06 May 2013
the querist has not asseted that she is convedrted. She is only married to non-hindu. Unless she has converted (opted for Spl Marriage Act) she is Hindu
prabhakar singh
(Expert) 06 May 2013
THEN WHAT SHOULD WE INFER FROM THIS PART OF QUERY"even though the she has converted to Christianity and the family has disowned her after marriage."
Dr V. Nageswara Rao
(Expert) 07 May 2013
I agree with Mr Prabhakar Singh. That is very clear from the query.
Sudhir Kumar, Advocate
(Expert) 25 May 2013
discernment does not preclude a person from claiming rightful dues but the property derived from such relation is not worth the spoil of relations.
