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Conversion and Hindu Law of Succession

By Mr. Justice A. M. Bhattacharjee

Published In

Air 1984

Upon conversion from Hinduism, a Hindu, as pointed out by Lord Kingsdown in the Privy Council decision in Charlotte Abraham v. Francis Abraham, (1863) 9 Moo Ind App 195 (237), became "at once severed from the family and regarded by them as an outcaste" and "the tie which bound the family together" was, so far as he was concerned, "not only loosened, but dissolved". And as noted by Sir Barnes Peacock in the Privy Council decision in Moniram Kolita v. Keri Kolitani, (1880) ILR 5 Cal 776 (792), upon such degradation "a Hindu, whether male or female, was considered as dead by the Hindu Law, so much so that libations were directed to be offered to his manes as though he were naturally dead" and "his degradation caused an extinction of all his property, whether acquired by inheritance, succession or in any other manner". The relavant text of the Manu Samhita-XI, 183, to which reference was made by Sri Barnes Peacock in Moniram Kolita, prov ....

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