Daughter's rights on paternal property after religious conversion

Disputes among children regarding the property of their parents or parental figures have become common nowadays. Every day we come across such cases. Today, let’s discuss a similar situation: What rights does a daughter have in her parents’ property if she converts to another religion? Let’s understand this with an example.

Harendra belongs to a Hindu family, but his sister has adopted Christianity. In the event of their father’s demise without a will, will his sister have a share in the paternal property? Let’s find out.

A will, or “Vasiyat” in Hindi, helps in transferring a person’s property to their chosen individuals after their death. If a Hindu person dies without leaving a will, the distribution of their property will be governed by the Hindu Succession Act of 1956. According to the law, the property of the deceased will go to their legal heirs. This includes Class I heirs, which comprise the spouse, children (sons and daughters), and mother. Everyone will get an equal share of the property. This means that all children, regardless of gender, will inherit an equal share in the property along with the widow and the mother.

In Harendra’s case, even though his sister has embraced Christianity, Section 2 and Section 26 of the Hindu Succession Act would apply. Section 2 explains that children born to parents who were both Hindu will be considered Hindu, regardless of their adopted religion. Thus, despite her conversion, Harendra’s sister retains the right to an equal share in their father’s property.

A similar ruling was made by Justice J.B. Pardiwala of the Gujarat High Court on September 26, 2017. He stated that a Hindu daughter who marries a Muslim and converts to Islam can inherit property from her father. He interpreted Section 2 of the Hindu Succession Act, stating that if the parents are Hindu, the child will be considered Hindu, regardless of their religion.

However, Section 26 of the Hindu Succession Act provides for disqualification if a Hindu person marries someone from another religion and then later converts themselves, in such cases, the children are not eligible to inherit property from any Hindu relative unless they revert to Hinduism before the commencement of succession.

In Harendra’s case, his sister will have a right to their father’s property, but her children will not. The Hindu Succession Act ensures that a person who converts to another religion does not lose their rights, but their non-Hindu descendants cannot claim Hindu ancestral property. What’s to be noted is that, the Hindu Succession Act of 1956 applies not only to Hindus but also to Sikhs, Buddhists, and Jains.