rights of legal heirs of convert under hindu succession act


Are any legal remedy available for children of convert(Hindu descendent), can children of convert get over the disqualification ?
 
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Advocate

Unfortunately, no. The general rule is that if a person converts from Hinduism, they would still be eligible for inheritance. However, their descendants (legal heirs) would be disqualified from inheritance.

Unless the person in question (who originally converted) has converted back to Hinduism before the death of the relative (when the partition would take place,) the legal heirs of such person would lack rights over such property. Or unless, one of your family members from the relative's side are ready to let go a part of their share and execute a gift-deed in your name.

 
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if the parent(originally converted) is dead, can conversion of children to Hinduism rectify the disqualification ?
 
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Advocate

Only if the children are Hindus at the time of when the succession (partition) opens, they may be entitled to inherit.
 
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Means someone can keep converting religion, if they are Hindus at time of partition they get qualified. thank you :)
 
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Advocate

Well, technically that would be the case, but it isn't that easy.

Here, if you say, the children of the 'original convert' keep changing their religion back and forth, yet end up as Hindus during the time of when the partition takes place, (and thus become entitled to inherit,) the other party who's also entitled to the share during the time of such partition (say, someone from the relative's side) may use the claim of such tendency of children (of changing religion) to object to the share of the children in question, and they may have a valid point, for the court may deem that the children are taking advantage of their own wrong, and also undermining the sanctity of religion if they do that. (i.e. changing religion to inherit property; so as to derive personal benifit, and then conveniently changing it back.)

This would undermine the credibility of the children. The court may thus disqualify on such grounds if the other claimant party (Hindu) 1)objects and 2) is successfully able to make this case.

 
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So technically Hindu succession act is exploited , if the other party fails to prove that they have tendency of changing religion as per their benefits they would be entitled to inherit.
 
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Advocate

Originally posted by : S. Sri Ramya
So technically Hindu succession act is exploited

 

As to that, I'd say, no, not the act, more so perhaps one's rights. The act doesn't specify that if one constantly changes their religion, they would be disentitled to inherit. It's the discretion of the court in this regard, and upon reading a lot of family/civil cases you will realize courts decide differently in different cases (based on the separate facts and circumstances of each) and the court's aim is generally to base their decisions upon principles of justice, equity, and good conscience. Here, I'm merely enlightening you as to a possibility. Good luck!

 

 
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