Religious Conversion Can Take Away Legal Right To Inherit Assets: Here’s Why

Inheritance rules say one can inherit property and other assets from one’s parents. However, things can get more complex if the heir has converted to another religion. Religious conversions in India are a significant social phenomenon in a nation of over 1.4 billion people, often leading to complex familial disputes over ancestral inheritance. 

“Succession and inheritance are governed by personal laws addressing certain specific communities. The Hindu Succession Act governs inheritance for Hindus, 1956. Muslims are governed by the Muslim Personal Law (Shariat) Application Act, 1937 and Succession for Christians and Marriages under the Special Marriage Act is governed by the Indian Succession Act, 1925,” says Shryeshth Sharma, Partner, SKV Law Offices. 

Courts have tested their applicability in a case of conversion from time to time. 

Let us take a look. 

Hindu Succession Act And Religious Conversion

Under the Hindu Succession Act, a person who converts to another religion may risk losing the legal right to inherit family assets for themselves and their children. 

“This potential loss hinges on two key factors: the succession law applicable before the conversion and whether the property was divided before the conversion occurred. Specifically, the Act states that if an individual converts, their children born after the conversion lose the right to inherit property from Hindu relatives, as the individual’s religion determines inheritance rights at birth,” says Aslam Ahmed, Partner, Singhania & Co.

On the other hand, if a Hindu woman converts to Christianity, she will be able to inherit property from her father if the father passes away intestate; subsequently, after her demise, her children will be able to inherit this property from her. “However, suppose the Hindu woman dies before her father. In that case, her children will not be able to inherit the property from her father (their grandfather) if he passes away intestate unless they have converted to Hinduism before their grandfather’s demise,” says Radhika Gaggar, Partner, Cyril Amarchand Mangaldas. 

Indian courts have addressed these issues in various rulings. In Balchand Jairamdas Lalwani v. Nazneen Khalid Qureshi, the Bombay High Court affirmed that a Hindu who converts to another religion is not disqualified from claiming property under Section 26 of the Act. The court emphasized that inheritance rights are established by birth or, in some cases, by marriage, and that renouncing a religion does not sever these legally recognized relationships. “Therefore, while a Hindu convert retains the right to their father’s property if the father died intestate, the convert’s children may lose their claim as descendants of the grandparents,” says Ahmed. 

Muslim Personal Law (Shariat) Application Act, 1937

For Muslims in India, inheritance is governed by the Muslim Personal Law (Shariat) Application Act of 1937, which addresses matters of marriage, succession, and inheritance. This law applies to families where both partners are Muslims, while marriages conducted under the Special Marriage Act fall under the Indian Succession Act.

Under Muslim law, religious differences do not disqualify an individual from inheritance. “A legal heir of a deceased Muslim cannot be barred from inheriting solely on the grounds of not being a Muslim at the time of the deceased’s death. The Caste Disabilities Removal Act of 1850 further asserts that renunciation of religion by an heir does not affect their inheritance rights under the personal law that governed them before conversion. 

Indian Succession Act, 1925, And Christian Inheritance Rights

Indian Christians are governed by the Indian Succession Act of 1925, which stipulates that the only relevant factor is the deceased’s religious affiliation at the time of death. “The religion of the heirs is immaterial, provided the deceased was a practising Christian. However, rights granted to a biological child are not extended to an adopted child under this law,” says Ahmed.