AIR 2018 BOM 103 ::2018 (2) ABR 816 ::(2018) 1 HinduLR 654 ::(2018) 2 CivilCourtC 377 ::(2018) 2 RecCivR 227 ::(2018) 3 AllMR 337 (BOM) ::(2018) 4 Bom CR 99 ::(2018) 2 Mah LJ 804 ::(2018) 2 CurCC 28

Bombay High Court

Hon'ble Judge(s): Mridula Bhatkar , J

Hindu Succession Act (30 of 1956) , S.2(1)(c) Expln., S.8, S.26— Disqualification of convert to other religion - Self acquired property of father dying intestate - Daughter converting to Islam - Disqualification of convert under S. 26 applicable to children of convert and not to convert himself or herself - Right to inheritance is by birth - Hindu convert to other religion entitled to father's property as per Hindu Succession Act (1956). Personal Law is applicable to person who is converted into Islam, Christian or any other religion for purpose of marriage, guardianship etc., however, while deciding inheritance, fact of religion of person at time of birth has to be taken into account to eliminate legal anomaly. Therefore, under section 26, children of converts are not Hindu by birth due to conversion of their parents and so they are not covered under Hindu Succession Act. @BHCR-VOLII-Page-817 Right to inheritance is not a choice but it is by birth and in some case by marriage, it is acquired. Therefore, renouncing particular religion and to get converted is matter of choice and cannot cease relationships which are established and exist by birth. Therefore, Hindu convert is entitled to his/her father's property, if father died intestate.(Para 9 10 14 16 ....