CLAT PG Exam > CLAT PG Notes > Family Law > Effect of Section 26 of the Hindu Succession Act
Effect of Section 26 of the Hindu Succession Act | Family Law - CLAT PG PDF Download
Convert's Descendants Disqualified
When a Hindu converts to another religion, the inheritance rights of their children and descendants change. Here's how it works:
Disqualification of Descendants
- If a Hindu converts to another religion, their children born after the conversion and their descendants are disqualified from inheriting the property of any Hindu relatives.
- This disqualification applies unless the children or descendants are Hindus at the time of succession.
Question for Effect of Section 26 of the Hindu Succession ActTry yourself: What happens to the inheritance rights of the children and descendants of a Hindu who converts to another religion?View Solution
Right to Inheritance
- The right to inheritance is not a matter of choice; it is acquired by birth or, in some cases, by marriage.
- Renouncing a particular religion and converting to another is a matter of choice and does not sever relationships established by birth.
- A Hindu convert is entitled to inherit their father's property if the father died intestate (without a will).
- However, the children of the convert lose their right to claim as descendants of the grandparent.
The document Effect of Section 26 of the Hindu Succession Act | Family Law - CLAT PG is a part of the CLAT PG Course Family Law.
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FAQs on Effect of Section 26 of the Hindu Succession Act - Family Law - CLAT PG
| 1. What does disqualification of descendants mean in the context of inheritance? |  |
Ans. Disqualification of descendants refers to circumstances under which certain heirs are barred from inheriting property from a deceased relative. Under the Hindu Succession Act, specific conditions may lead to disqualification, such as criminal behavior against the deceased or the failure to maintain them.
| 2. How does Section 26 of the Hindu Succession Act affect the right to inheritance for descendants? | |
Ans. Section 26 of the Hindu Succession Act addresses the right to inheritance by stating that a descendant's right to inherit a share of the property is preserved, even if they are disqualified. However, the disqualified descendant cannot claim their share in the presence of other eligible heirs.
| 3. Can a disqualified descendant inherit property if there are no other heirs? | |
Ans. No, a disqualified descendant cannot inherit property, even if there are no other heirs. Disqualification under the Hindu Succession Act permanently bars that individual from claiming any rights to the property of the deceased.
| 4. What are some common reasons for disqualification of descendants under the Hindu Succession Act? | |
Ans. Common reasons for disqualification include acts of violence or cruelty against the deceased, failure to provide maintenance to the deceased, or any behavior that is contrary to the wishes of the deceased regarding their estate.
| 5. Is there a legal remedy for a disqualified descendant who believes they have been wrongfully disqualified? | |
Ans. Yes, a disqualified descendant can seek legal recourse by challenging their disqualification in court. They may present evidence to contest the grounds of disqualification and assert their entitlement to inheritance under the Hindu Succession Act.
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Nov 23, 2024 Last updated |
Document Description: Effect of Section 26 of the Hindu Succession Act for CLAT PG 2024 is part of Family Law preparation.
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