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A Hindu girl who converts her religion can still claim share in father’s property

The Gujarat High Court in a landmark judgment stated that even though a woman has converted to another religion after marriage she is nevertheless entitled to inherit her father’s ancestral property as per the Hindu Succession Act.

Justice JB Pardiwala, in a matter where a Hindu woman converted to Islam after marrying a Muslim man and renounced Hindu faith, does not disqualify her to inherit father’s property.

As per the Hindu Succession Act, if a person has converted then it does not disqualify her from claiming her share in the ancestral property. The Act only disqualifies the descendants of the convert who are born to the convert after such conversion from inheriting the property of any of their Hindu relatives.

In the present matter, the state revenue authorities were of the opinion that since she has renounced her religion voluntary and hence does not have any right to share in father’s property.

Nasimbanu Friozkhan Pathan from Vadodara renounced Hinduism and embraced Islam on July 11, 1990. Subsequently, she married Firoz Khan on January 25, 1991, as per the Muslim rituals.

In 2004, her father passed away leaving behind sizeable parcels in land in their village. However, her siblings opposed her claims and refused to enter her name in the list of claimants as she is no longer a Hindu.

The court explained as she voluntarily embraced Islam, the provisions of inheritance laws cannot be enforced in her case. After hearing the matter, Justice Pardiwala explained the applicability of provisions existing in Hindu Shastric laws for disqualification of Hindu women for succession or maintenance were kept aside.

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