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Right of christian brothers over Hindu fathers ancestral property
07-Mar-2023 (In Property Law)
My fatherinlaw, Hindu, inherited ancestral property of 19 acres of agri land. He has two sons, who converted to Christianity by their mother. She expired in 1998. He expired in 2012 without will. They stayed in their own house with elder son. My husband (MH) bore each and every expense of his parents from his salary till their demise. In 2013,he wanted the property to be divided. In 2015 he realized from adangal records, that 11 acres of land was transferred to his brother in 1996. Now the brother is demanding 2 acres of land from MH before division. MH is trying since 2015, through revenue dept Guntur collectorate that the whole property to be transferred to my fatherinlaw and then go to court. clearing the case from court may take long in AP. For last 37 years the rent of the whole land is being enjoyed by his brother and may do so till the case is cleared. so far nothing concrete result has come out. please guide us what to do now and what are my husband's rights and responsibilities.
A change of religion and loss of caste was at one time considered as grounds for forfeiture of property and exclusion of inheritance. However, this has ceased to be the case after the passing of the Caste Disabilities Removal Act, 1850. Section 1 of the Caste Disabilities Removal Act inter alia provides that if any law or (customary) usage in force in India would cause a person to forfeit his/her rights on property or may in any way impair or affect a person’s right to inherit any property, by reason of such person having renounced his/her religion or having been ex-communicated from his/her religion or having been deprived of his/her caste, then such law or (customary) usage would not be enforceable in any court of law.
The Caste Disabilities Removal Act intends to protect the person who renounces his religion.
In the case of E. Ramesh and Anr. v. P. Rajini and 2 Ors. [(2002) 1 MLJ 216], a division bench of the Madras high court has held that by virtue of section 1 of the Caste Disabilities Removal Act, the conversion of a Hindu to another religion will not disentitle the convert to his right of inheritance to the property.
As stated above, a Hindu convert does not lose the right to inherit property under the Hindu Succession Act, 1956. Therefore, your sister is entitled to inherit her share in her father’s property and the Hindu Succession Act shall apply to her with regard to her right to inherit her share in her father’s property.
It may be noted that section 26 of the Hindu Succession Act states that if a Hindu has ceased to be a Hindu by conversion to another religion, children born to the convert 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. However, this section has no impact on the convert’s right to inherit property from her Hindu relatives and shall only apply to the children born after conversion and their descendants.
This was upheld in the case of Shabana Khan v. D.B. Sulochana and Ors. [2008(2) ALD818], where the Andhra Pradesh high court held that disinheritance as a result of conversion to another religion is only as regards children born to the Hindu after such conversion, but not in respect of the convert himself or herself.
The Caste Disabilities Removal Act intends to protect the person who renounces his religion.
In the case of E. Ramesh and Anr. v. P. Rajini and 2 Ors. [(2002) 1 MLJ 216], a division bench of the Madras high court has held that by virtue of section 1 of the Caste Disabilities Removal Act, the conversion of a Hindu to another religion will not disentitle the convert to his right of inheritance to the property.
As stated above, a Hindu convert does not lose the right to inherit property under the Hindu Succession Act, 1956. Therefore, your sister is entitled to inherit her share in her father’s property and the Hindu Succession Act shall apply to her with regard to her right to inherit her share in her father’s property.
It may be noted that section 26 of the Hindu Succession Act states that if a Hindu has ceased to be a Hindu by conversion to another religion, children born to the convert 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. However, this section has no impact on the convert’s right to inherit property from her Hindu relatives and shall only apply to the children born after conversion and their descendants.
This was upheld in the case of Shabana Khan v. D.B. Sulochana and Ors. [2008(2) ALD818], where the Andhra Pradesh high court held that disinheritance as a result of conversion to another religion is only as regards children born to the Hindu after such conversion, but not in respect of the convert himself or herself.
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Adv. Siddhant Sharma
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