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Removal of caste disabilities act

(Querist) 09 December 2011 This query is : Resolved 
What is significance of Removal of Caste Disabilities act
how far it will over rule the provisions of Hindu Laws

CA RC Sharma
V R SHROFF (Expert) 09 December 2011
Sorry, academic q
prabhakar singh (Expert) 09 December 2011
I repeat the same "Sorry, academic q"
R.Ramachandran (Expert) 09 December 2011
With due respect to Mr. Shroff and Mr. Prabhakar Singh, I would like to answer this query.
Dear Mr. Rajesh,
Prior to the passing of the Caste Disabilities Removal Act, 1850, from a Hindu only a Hindu can inherit. Thus, when a Hindu gets converted to another religion, or is excommunicated, he used to forfeit his rights of inheritance in the property of his relatives.
However, with the passage of this Act, the rights of such persons who got converted to another religion, or excommunicated became eligible to inherit. Now, despite a conversion or expulsion neither the difference of religion with that of his former relatives, nor the fact of his excommunication or expulsion will have any adverse effect on his property rights. He can continue to be the member of his former family despite his conversion or excommunication and can inherit the property of his deceased relatives. While the convert himself could get such inheritance rights, his descendants could not enjoy the same protection. For example, If "A" a Hindu, having a wife and son converted to Muslim faith and died, then his wife and son being Hindus cannot inherit the property of "A". But if his hindu wife died prior to him, then "A" would be entitled to inherit from her as his inheritance rights are protected despite his conversion to Muslim faith.
Shonee Kapoor (Expert) 09 December 2011
Agreed with Ramachandran.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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