In a landmark ruling, Justice J.B.Pardiwala of Gujarat High Court has held on September 26, that a Hindu daughter can inherit from her father after getting married to a Muslim and embracing Islam. Interpreting Section 2 of Hindu Succession Act, Justice Pardiwala held that if the parents are Hindus, then, the child is also governed by the Hindu Law or is a Hindu. “Perhaps the Legislature might have thought fit to treat the children of the Hindus as Hindus without foregoing the right of inheritance by virtue of conversion”, he suggested. Justice Pardiwala also relied on the Caste Disabilities Removal Act, 1850, (CDRA) which has not been repealed so far.  Under Section 1 of this Act, law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste were to cease to be enforced.  Justice Pardiwala said a change of religion and loss of caste was at one time considered as grounds for  forfeiture of property and exclusion of inheritance.  However, this has...Read more

Source web page: Livelaw.in
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