Hindu Succesion law (Amd.2005) Sect.6
Hitender Gaur
(Querist) 30 October 2010
This query is : Resolved
What is the status of Hindu Succession law after Amemd. in 2005 (39) and addition of sect./Article 6 later on, if father changed his religion? daughters/sons changed their religion? Is it also applicable on those. In the sight of Law what is the defination of Hindu. Is this law not applicable on Sikhs, Cristiens, of Mohhamdons.
R.Ramachandran
(Expert) 30 October 2010
Dear Mr. Hitender,
Please give fact situation and then ask your query. It will be easy to provide an answer then.
Hitender Gaur
(Querist) 30 October 2010
Dear R. Rama Chandran,
Father was hindu having 4 daughters and one son.
he hall all property earned from sale of his grand father's property. Now a days he is devotee of A Guru and says I have no religion.
Tow out of 4 daughters are also following him and devotee of said Guru.
What will be the proportionate division of accen. property in this situation if one out of three wards (2 dught. 1 son) proove the situation.
What process is lawful to split from religion/Hinduism.AND
How much Hindu successiona law in fore in this situation.
s.subramanian
(Expert) 30 October 2010
A person who has renonunced religion is outside the purview of all the statutes relating to Hindus.
Devajyoti Barman
(Expert) 30 October 2010
Please clarify whether he adopted the religion of muslim of christian. If yes then the Hindu Succession Act does not apply. But if he has become Sikh, Buddhist or Jain then the Act still applies.
R.Ramachandran
(Expert) 30 October 2010
Dear Mr. Hitender,
In this regard let me quote relevant portion from the Sources of Hindu Law from Mayne's Hindu Law and Religion (16th Edition).
"A man cannot alter the law of succession applicable tohimselfby a mere declaration that he is not a Hindu. He can only alter his existing status bybecoming a member of such a religion as would destroy that status and give him a new one. The question is whether a Hindu by proclaiming himself not to belong to the Hindu religion or to belong to no religion can effectively renounce his religion? Hinduism not only comprises religious beliefs and modes of life but also social,moral and philosophical outlooks as well. Therefre a mere investigation into a man's modes of life and religious belief without taking his racial and historical background into account will not be conclusive. As Lord Haldane pointed out, a method which takes account of historical as well as other consideratiosn must be applied and the opinion of the community in which he lives may well be a factor. Thereasonable conslusion appears to be that the term 'Hindu' in theCivil Courts Acts of the various provinces must be applied topersons who are Hindus either by birth or by religion provided that those who are born Hindus have not become converts to Christianity or Muhammadanism. In other words, if a Hindu, on his conversion toChristianity or Muhammadanism, ceases to be governed by his prior personal law, it is because of a conflict of laws. In the absence of any such conflict, the personal law mustcontinue to apply tohim even though he is not a Hindu in the strict theological sense."
In view of the above, if a partition is demanded, then the property is bound to be divided into 1/6th share each in the instant case.
Kirti Kar Tripathi
(Expert) 31 October 2010
i agree with the view expressed by Mr. Ramachandran, religion of a person can not charged merely by his deceleration. he has to follow certain religious formalities. absence of those formalities means the person continued to be in same religion, which was his earlier i.e. prior to his declaration. born.
