Lawstreet Journal

Hindu Daughter After Converting To Islam Is Entitled To Inherit Property Of Her Parents Under Hindu Succession Act: Gujarat HC

Lawstreet Journal 7 Oct 2019 1:10pm

Image courtesy: Lawstreet Journal Judiciary Hindu Daughter After Converting To Islam Is Entitled To Inherit Property Of Her Parents Under Hindu Succession Act: Gujarat HC

The Gujarat High Court on September 26, 2017, in the case of Nayanaben Firozkhan Pathan @ Nasimbanu Firozkhan Pathan v. Patel Shantaben Bhikhabhai, has held that Hindu daughter can inherit from her father after getting married to a Muslim and embracing Islam.


In the instant case, Nayanaben Firozkhan Pathan was the daughter of Bhikhabhai Patel of Vadodara, who passed away in 2004. She renounced Hindu religion, and embraced Islam voluntarily and without any force, on July 11, 1990, and married a Muslim boy, Firozkhan on January 25, 1991.

On Patel’s death in 2004, her two brothers got their names recorded in the record of rights by succession, without her name.  In 2007, she filed an affidavit before the authorities concerned for getting her name mutated in the revenue record.  Her two brothers questioned the mutation before the Deputy Collector, Vadodara, by filing an appeal. The Deputy Collector dismissed the appeal in 2009.  However, they succeeded in their revision application before the Collector.  She, therefore, moved the Gujarat High Court to challenge the Collector’s order.


Interpreting Section 2 of Hindu Succession Act, 1956, the single Bench of Justice J.B. 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,” the Bench suggested.

The court relied on the Caste Disabilities Removal Act, 1850, which… Continue Reading...

Tagged: Gujarat High Court  
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