Hindu Daughter After Converting to Islam Does Not Lose Inheritance Right
In India, questions about inheritance rights often arise when a person converts from one religion to another. One common misconception is that a Hindu daughter who converts to Islam loses her right to inherit property from her Hindu family. However, Indian courts have consistently ruled that conversion does not strip a person of their inheritance rights under Hindu personal laws. This article explores the legal position with relevant case laws and judicial precedents.
Legal Framework for Hindu Inheritance
Inheritance among Hindus is governed primarily by the Hindu Succession Act, 1956 (HSA), which applies to Hindus, Buddhists, Jains, and Sikhs. Section 2 of the HSA clarifies its applicability, while Sections 8 and 15 govern the inheritance rights of Hindu males and females, respectively.
A key question is whether a Hindu daughter who converts to Islam (or any other religion) loses her right to inherit ancestral or self-acquired property under the HSA. The answer, as per judicial interpretation, is No.
Conversion and Its Effect on Inheritance
- Conversion Does Not Affect Succession Rights
The Hindu Succession Act, 1956, does not explicitly bar a convert from inheriting property. There is no provision in the Act that states that a person ceases to be a legal heir due to religious conversion. Courts have reinforced this view over the years.
- Case Laws Supporting the Right to Inherit
(i) Smt. Fatima Bibi v. Jaffar Hussain & Others[1]
The Madras High Court held that a Hindu daughter who converts to Islam is still entitled to inherit her father’s property under the HSA, unless explicitly disqualified by a valid law.
(ii) Sarla Mudgal v. Union of India[2]
While this case primarily addressed bigamy after religious conversion, the Supreme Court observed that mere conversion to Islam does not affect inheritance rights under Hindu personal laws.
(iii) Prakash v. Phulavati[3]
The Supreme Court ruled on the retrospective application of the Hindu Succession (Amendment) Act, 2005, and reaffirmed that a daughter—whether converted or not—has equal rights in ancestral property.
(iv) Munni Devi v. Chamanlal[4]
The Allahabad High Court ruled that a Hindu convert to Islam remains entitled to her share of the inherited property, as long as she was a Hindu at the time of succession opening.
- Exception: Disqualification Under Customary Law
While the HSA does not disqualify a convert from inheriting property, some customary Hindu laws may impose restrictions. For example, certain Mitakshara or Dayabhaga customary traditions disallow inheritance rights upon conversion. However, such customs must be proven in court and cannot override statutory law.
Muslim Law Perspective on Inherited Property
Once a Hindu daughter converts to Islam and inherits property, her share is governed by Muslim personal law (Sharia). If she dies intestate (without a will), her Muslim heirs—such as her children—will inherit according to Islamic law. However, the inheritance rights granted to her under Hindu law remain valid even after conversion.
Conclusion
The notion that a Hindu daughter loses her inheritance rights upon conversion to Islam is legally incorrect. The Hindu Succession Act, 1956, does not contain any provision disqualifying a convert from inheriting property. Indian courts, through various judgments, have upheld the principle that conversion does not extinguish inheritance rights. Unless there is a proven and valid custom barring inheritance upon conversion, a Hindu daughter continues to be a legal heir to her father’s property even after embracing Islam.
Key Takeaways:
✅ Conversion to Islam does not disqualify a Hindu daughter from inheriting property.
✅ The Hindu Succession Act, 1956, governs inheritance, and no provision bars a convert from inheriting.
✅ Courts have consistently upheld a daughter’s right to inherit property despite conversion.
✅ The only exception applies if a well-established and proven Hindu custom explicitly disqualifies a convert.
Thus, a Hindu daughter’s right to inheritance remains intact, irrespective of her change in faith.
[1] 2009 SCC Online Mad 1465.
[2] 1995 AIR 1531, 1995 SCC (3) 635.
[3] 2016 2 SCC 36.
[4] AIR 1970 All 211.
