Hindu convert can claim paternal property if the father dies: Bombay High Court

Mumbai: In a significant ruling, the Bombay High Court on Tuesday ruled that a Hindu convert is entitled to his/her paternal property if the father dies intestate. The HC also said the right to inheritance is not a choice but it is by birth and converting to some other religion cannot cease relationships, which are established and exist by birth.

The ruling was delivered by a single-judge bench of Justice Mridula Bhatkar while hearing a plea of a woman, who was Hindu by birth but had later become a Muslim. She had claimed her right and share in her father’s property, who died intestate.

Justice Bhatkar said, “The right to inheritance is not a choice but it is by birth and in some case by marriage, it is acquired. Therefore, renouncing a particular religion and to get converted is a matter of choice and cannot cease relationships which are established and exist by birth. Therefore, a Hindu convert is entitled to his/her father’s property, if the father died intestate.”

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Justice Bhatkar also said that the religion of a person at the time of birth must be considered while deciding the inheritance. The court held that children of converts cannot claim to have any share in the ancestral property, as they are not Hindu by birth.

“The Personal Law is applicable to a person who is converted into Islam, Christian or any other religion for purpose of marriage, guardianship etc. However, while deciding inheritance, the fact of the religion of the person at the time of birth has to be taken into account to eliminate legal anomaly.

Therefore, children of converts are not Hindu by birth due to conversion of their parents and so they are not covered under the Hindu Succession Act. However, their parents, who are Hindu by birth, cannot be disqualified of inheritance of their father who is Hindu because their father’s property and inheritance are governed under the Hindu Succession Act.”

Justice Bhatkar ruled that conversion cannot bar a (converted) Hindu from seeking a share in their parent’s property. “While dealing with the aspect of conversion, a basic question emerges why a person needs to get converted. The conversion may be due to force or it may be a free choice. Therefore, the Constitution of India has guaranteed the right to religion as a fundamental right and in our secular country, any person is free to embrace and follow any religion as his or her conscious choice. Hence, a Hindu converted into other religion is not disqualified to claim the property under the Hindu Succession Act,” Justice Bhatkar held.