Sunday, February 22, 2015

Conversion to another religion


The Caste Disabilities Removal Act, 1850 (Act 21 of 1850) had not been repealed so far. 

This Act contains only one Section, which is as follows:
"Law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste to cease to be enforced ; So much of any law or usage now in force within India as inflicts on any person forfeiture of rights or property, or may be held in any way to impair to affect any right of inheritance, by reason of his or her renouncing, or having excluded from the communion of, any religion, or being deprived of caste, shall cease to be enforced as law in any Court."
Section 26 of the Hindu Succession Act held that the bar for inheritance is only in respect of legal heirs of the convert. The individual, who convert himself to other religion from Hinduism, will not forego the right of any inheritance.

Section 26 of the Act, prohibits the children, of the convert from inheriting the property of any of their Hindu relatives.

E. Ramesh And Anr. vs P. Rajini And 2 Ors., (2002) 1 MLJ 216 (Madras High Court’s Division Bench judgment)

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