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1 - 10 of 15 (0.44 seconds)The Hindu Succession Act, 1956
Section 2 in The Hindu Succession Act, 1956 [Entire Act]
Section 8 in The Hindu Succession Act, 1956 [Entire Act]
The Caste Disabilities Removal Act, 1850
Nayanaben Firozkhan Pathan @ Nasimbanu ... vs Patel Shantaben Bhikhabhai & 4 on 26 September, 2017
In the case of Nayanaben Firozkhan Pathan @ Nasimbanu
Firozkhan Pathan (supra), an identical issue in respect of
applicability of Hindu Succession Act to convert has emerged before
the Single Judge of Gujarat High Court. The applicant in the said
case was born Hindu and thereafter embraced Islam. The family
was the owner of the ancestral landed property. After her father's
demise, her name was entered in the revenue record but the entry
was challenged substantially on the ground of her conversion and
hence non-applicability of Hindu Succession Act. The said entry
was challenged before the Deputy Collector and it was dismissed.
However, it was taken up before the Collector and the Collector
allowed the Revision and impugned entry was cancelled. Therefore,
the lady preferred Revision application before SSRD, which was
rejected. Being dissatisfied with the order, she filed Writ invoking the
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AO1175_2014.doc
writ jurisdiction of the High Court. The Single Judge of the Gujarat
High Court has considered Section 2(1)(c) and the Explanation under
the Section, so also section 26 of the Act. The learned Judge
observed that 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 passing
of Caste Disabilities Removal Act, 1850.
The Controller Of Estate Duty, ... vs Haji Abdul Sattar Sait & Ors on 19 April, 1972
In the case of The Controller of Estate Duty Mysore,
Bangalore (supra), the Full Bench of the Supreme Court, while
dealing with the issue held that a property can be chargeable to
estate duty or not, also considered a question whether converts
retain part of their original personal law relating to inheritance of
property. The Hon'ble Supreme Court took a view that if there is
wholesome conversion, then the convert is seizured from the original
religion and therefore, Mahomedan law is applicable not only to the
person by birth but by religion also. Under the Mahomedan Law,
person converted to Mahomedan, changes not only his religion but
also his personal law. A question before this Court is different i.e.,
about right of inheritance of a convert, who was Hindu, in father's
property under the Hindu Succession Act.
Application and Appeals Rules
K.Sivanandam vs Maragathammal on 6 June, 2012
In the case of K. Sivanandam & Anr. (supra), the Single Judge
of the Madras High Court considered the conversion under the Hindu
Act and also the effect of Caste Disabilities Removal Act of 1850.
Jujjavarapu Yesurao vs Nadakuduru Kamala Kumar And Ors. on 1 May, 2007
In the case of Jujjavarapu Yesurao (supra) the question was
upon conversion from Hindu to Christianity, whether Hindu law is
applicable and the Court gave finding that on conversion, the Hindu
law ceases to have any continuing obligatory force upon the convert.
It is further held that if one member of Joint Hindu Family converts to
Christian, it would result in complete dissolution of entire family and
from that time, the members of Hindu family cannot be treated as
members of Joint Hindu Family. Thus, the facts in the said case and
of the case is hand vary.