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Brother who converted religion is eligible for share in property
14-Jan-2023 (In Property Law)
We are Hindus. My Father and Mother died in 2017. Now, me, my brother (converted to christian before marriage and married a christian and having children) and 3 sisters. All are married. We have decided to partition the property. My Sisters say that my brother who converted to christian, is not eligible/entitled for the Hindu property. Please clarify.
The contention of your sisters is legally incorrect. Your brother has every right to a share in your parents' property, according to Sec-26 of the Hindu Succession Act. You have to partition the property accordingly.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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With reference to your query weather a person original estate share can claim after the converting to other religions. I would like to clarify that yes he entitled for the family estates share even after converting to any religion. He has right to equal share in biological ancestral property as per Hindu personal law
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Adv. Mohamed Ashick
Chennai | 100+ Answers
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She has a right to deny for the reasons the brothers converted to other religion. Therefore it is better to convene a meeting among the family members and take this matter forward. It will be a futile exercise to go to court to seek a share in the property.
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