HINDU LAW

UNIT NO-1

1. Introduction
2. Concept of Dharma
3. Sources of Hindu law
4. Modern and ancient
5. Importance of Dharma Shastra on legislation
6. Two principal schools of Hindu law
7. Application of Hindu law

1. Introduction:-

India remains one of the most religiously diverse nations in the world. Hindus, Muslims,
Jains, Buddhists, Sikhs, Jews, and Christians have a home in India. The oldest and most
widely practiced religion in India, Hinduism, has deep roots in the subcontinent.
Throughout the numerous political upheaval and foreign invasions, Hinduism remained the
sole constant throughout the region’s history.

Hindu beliefs developed over the centuries and include many influences, including
numerous sacred texts, thousands of deities, and holy sites that continue to draw millions
of pilgrims.

2. Concept of Dharma

Dharma:- The Hindu shastrakaras have laid great emphasis on Dharma. Dharma
pervades throughout the Hindu philosophical thought, and the Hindu social
structure. Law is, in this sense considered as a branch of dharma.

Hindu law is a body of principles or rules called Dharma. Dharma according to

Hindu texts embraces everything in life. According to the Hindus, Dharma
includes not only what is known as law in the modern sense of the term but all
terms but all rules of good and proper human conduct.

The term Dharma is derived from the root word ‘dhri’ which means ‘to
sustain’ ‘uphold’. Dharma came to mean morally proper, ethical duty, religious
virtue ideal, absolute truth, universal law ,divine justice, conventional code of
customs and traditions.
 According to Manu “ Dharma is what is followed by those learned in Vedas
and what is approved by the conscience of the virtuous who are exempted from
hatred and inordinate affection.

Dharma in other words pre-supposes an eternal moral order which is based

on cosmic archetypal ideation. Dharma has been regulator of all human activities
whether social or individual , moral or metaphysical, rational or mystical, mundane
or spiritual.

The nature of Dharma as propounded in shastras is extremely complex.

Broadly it may be taken to be the body of principles derived from shastras.

Dharma is used to mean justicie (Nyaya) what is right in a given

circumstances moral, religious, pious or righteous conduct, being helpful to living
beings.

Dharma signifies the sum total of religious, moral, social and legal duties .
Hindu sages and law givers have all along emphasized duties. Duties of individuals
, of all person in all walks of life. Duties of kings, priests, parents, warriors,
peasants servants etc. has been described in detail. Thus the duties are binding in
character .

Hindu law refers to the system of personal laws (marriage, adoption, inheritance,
etc.), traditionally derived from Hindu texts and traditions, that shaped the social practice
of Hindu communities. In Vedic times, Hindu law was the legal system described and
imagined in Dharmaśāstra texts. Classical Hindu law, brings the realm of legal practice
together with the scholastic tradition of Dharmaśāstra by defining Hindu law as a usable
label for myriad localized legal systems of classical and medieval India that were influenced
by and in turn influenced the Dharmaśāstra tradition.

Hindu law has a very old ancestry. It was given by Hindu seers and sages who after
their long penance and meditation discovered certain rules of conduct which, according
them, are necessary for peaceful co-existence of society.

The hindu seers and sages regarded the law as revelation of god and therefore it
was given the highest respect in the society. The king and his subjects were equally
subjected to law. In order to bring certainty to them the laws were codified by the
Dharmashastra writers. Law was identified with Dharma and was supposed to have its
origin from god itself.

Goal of a life of human being

According to hindu philosophy, the ultimate aim of life is to achieve salavation Moksha
from this physical world. Human body is mortal but the soul is immortal. When any
person dies, his soul remains in a free state and acquires a new form at rebirth. Thus the
chain of birth and death continues till the soul attains Moksha from this world.

According to Dharmashastra there are four goals of human life, Artha, dharma,
Kama and Moksha. Moksha,, that is salvation is the ultimate goal. Prior to attainment of
Moksha man has to undergo three other stages of human life ie, Artha, dharma and Kama.

Dharma stands foremost. As a matter of fact, Artha and Kama are concerned with this
world , whereas Dharma and Moksha are concerned with the next world. A life in
accordance with Dharma leads happiness and pleasure in this life also.

3. SOURCES OF HINDU LAW

The main sources of Hindu law are as follows.

Mainly it is divided into 2 classifications

I. Ancient Sources
II. Modern Sources

Futher it is divided into

I. Ancient Sources

1. Srutis
2. Smritis
3. Commentaries and Digests

II. Modern Sources

1. Judicial decisions
2. Legislation
3. Justice, equity and good conscience, and
 4. Customs

1. The srutis:- the name (sruti) is derived from the root “sru” (to hear) and signifies “
‘what is heard’.
 By sruti or what was heard from above, it meant the veda.
 It is believed to contain the very words of the diety revealed to inspired sages.
 Srutis are considered to be the primary and paramount sources of Hindu law.
 This is a supreme authority as it is considered to be divine source.
 But practically the srutis is of no legal significance.
 The srutis consists of the four Vedas and the Upanishads dealing chiefly with religious
rites and the means of attaining true knowledge and Moksha or salvation.
The four vedas are as follows

1. Rig veda
2. Yajur veda
3. Sam veda
4. Atharva veda

1. The Rig Veda : it is the oldest text. It contains the eulogies of gods and laws of sacrifices.
It consists of 1028 hymns arranged into 10 groups (mandala) some of which are sub-
divided into smaller groups, the compilation of each group being ascribed to some
renowned saintly poet-priest (Rishi) of ancient times.

2. The Yajur Vedas :- it is liturgical arrangement of part of hymns of the Rig veda with
additions, for intoning in the appropriate manner at sacrificial ceremonies. It is in prose
containing explanations and directions, for the guidance of the priests.

3. The Sam Vedas:- it consists of prayers composed in mantra intended to be chanted at

sacrifices.

4. The Atharva vedas:- it consists of magic charms.

The Upanishads are denominated as the Vedanta or the concluding porting of the Vedas
and embody the highest principles of hindu religion and philosophy.

2. Smritis:- the smritis means “what was remembered” and is of human origin and is
believed to be the recollections of Rishis handed down to us, constituting the principle
sources of Hindu Law.

The smritis are divided into primary and secondary smritis,

 The primary smritis are again classified into
a. Dharma sutras:- Baudhyana, Apastamba, Harita, Vasishtha and Vishnu are the chief
writers.
b. Dharmashastras :- Manu, Yajnyavalkya, Brihaspati and Narada are the writers of this
Shastras.

The Smritis are of 2 kinds:

i. In prose style:- the Smritis in prose are called “Dharma Sutras”.

ii. In Poetry style:- the smritis in verse are called “ Dharmashastras”.

The code of Manu has always been treated by Hindu sages and commentators, as a being of
paramount authority.

According to Brihaspati Manu holds the first place because he has expressed in his code the
whole sense of the vedas and no code is authoritative which contradicts him.

Next to Manu it is work of Yajnayavalkya, in fact it is more dynamic though based on Manu
smriti. His work deals with rules of procedure in greater detail. His work is more concise
and logical.

3. COMMENTARIES AND DIGESTS:-

The period of commentaries and digest is between 700 A.D. to 1700 A.D.

The commentaries and digests were also the records of the traditional customs recorded in
the Smritis as well as the new customs claiming for and found worthy of recognition.

Because of incompleteness and frequent conflicts in the rules of the smritis and
desirability of interpretation of the injunctions of smritis in a manner so as to suit
prevalent custom and usages of different parts of the country, there was the necessity to
reconcile them on the points of difference. In this process there arose this important
source.

The commentaries, though professing and purporting to rest on the smritis, explained,
modified and, enlarged the traditions recorded therein to bring them into harmony and
accord with prevalent practices of the day.
The earlier practice was to write commentary on a particular smriti but after 12 th century
there was a different trend of writing commentary on different smritis together. This type
of work came to be known as digests.

The principal commentaries are

1. Dayabhaga by Jimutavahana,
2. Mitakshara a commentary on yajnavalkya smriti
3. Viramitrodaya by mitra misra
4. Vivada chintamoni
5. Vivad-ratnakara
6. Dayatattwa by raghunanda
7. Dayakramasangraha by Sri Krishna
8. Smriti chandrika by devan bhatta
9. Parashara madhaviya by madhvacharya
10. Vyavahara mayukha by nilkantha.

Out of all the commentaries the Mitakshara and Dayabhaga Occupy a very high position
from the point of their acceptability as authoritative sources of law.

With passage of time the commentaries grew more in importance than srutis and smiritis
for the obvious reasons that they by keeping pace with the customary laws, and usuages
prevalent in different parts made themselves more useful than any other work.

4. WHAT IS A CUSTOM?

In section 3(a) of the Hindu Marriage Act 1955 the expression custom and usage
signify any rule which, having been continuously and uniformly observed for a long time,
has obtained the force of law among Hindus in any local area, tribe, community, group or
family; provided that the rule is certain and not unreasonable or opposed to public policy;
provided further that in the case of a rule applicable only to a family it has not been
discontinued by the family.

Difference between custom and usage.

It often that custom and useage terms are used as synonym but there is difference
that is Custom must be of antiquity and useage is of recent origin.

So, the custom to have the force of law or rule of law, it is necessary for the party claiming it
to plead and thereafter prove that such custom is ancient, certain and reasonable.
Kinds of custom.

a. Local custom
b. Class custom
c. Family custom.

a. Local custom:- such customs belong to some particular locality, or district and
they are binding on the inhabitants of such place.
Case Law
Smt.Subhani V. Nawab [AIR 1941 Lah 154]

that “it is undoubted that a custom observed in a particular district derives its force from
the fact it has from long usage obtained in that district the force of law. It must be ancient;
but it is not of the essence of this rule that its antiquity must in every case be carried back
to a period beyond the memory of man still less that it is ancient in the English technical
sense.

What is necessary to be proved is that the useage has been acted upon its practice
for such a long period and with such invariability as to show that it has been acted upon in
practice for such a long period and with such invariability as to show that it has, by
common consent, been submitted to as the established governing rule of the particular
district.

B. Class custom:-
such customs are of a caste, or a sect or of the followeres of a particular profession
or occupation, such as agriculture, trade, mechanical art and the like.
C. Family customs:-
such customs relate to a particular family, particularly concerning succession to an
impartible Raj or succession to Maths or religious foundations.

ESSENTIALS OF CUSTOM
• In order that a custom to be valid, it must be-
• 1. Ancient:- A custom should be very old. It should have been accepted as law
binding upon them.
• It must be ancient in India.
• It need not necessarily be from time immemorial in the english technical sense.
• In India the Hindu lawyers have laid down a reasonable rule on this question. One
hundred years is the limit suggested by them.
 • What ever is beyond a century is immemorial or out of mind of man whose span of
life according to the sruti extends to one hundred years only.

In GOKAL CHAND V. PRAVIN KUMARI [ AIR 1952 SC 231]

• The Hon’ble supreme court held that a custom in order to be binding must derive its
force from the fact that by long usage it has obtained the force of law but the English
rule that a custom in order that it may be legal and binding must have been used so
long that the memory of men runneth not to the contrary should not be strictly
applied to Indian conditions.
• All that is necessary to prove is that the usage has been acted upon in practice for
such a long period and with such invariability as to show that it has, by common
consent been submitted to as the established governing rule of a particular locality.

2. Invariable and continuous :-

Continuity is as essential to the validity of a custom as antiquity.

• In the case of a widely spread local custom, want of continuity would be an evidence to
the fact that it never had a legal existence.
• It is difficult to imagine that a custom once thoroughly established, would come to an
end suddenly.
• Thus when a particular custom has been discontinued for a period it would come to an
end.
• It is immaterial whether the discontinuance results from accidental cases, or from the
intention of the persons affected by it.

3. Established by clear and unambiguous evidence :-

The evidence of custom must be clear and unambiguous.

• A custom may be proved either by actual instances or by general evidence of the members
of the tribe or family who would naturally be cognizant of its existence.
• Custom must be proved by clear and unambiguous evidence.
• The testimony of experienced and competent person that certain acts done in accordance
with a particular usage are held by them to be legal and valid, is admissible in evidence,
provided that statements are supported by examples of class, the history of the class is to
be considered, in order to establish the custom.
• The burden of proof as to the existence of a custom rests on the persons who sets up a
custom contrary to law.
 • The burden of proving that the family has abandoned the law of origin and has
adopted the law of state where it has settled, lies on the party setting it up, and the
burden can be discharged by showing that in the matter of devolution of property,
the rules obtaining in the country of adoption have been accepted as rules
governing the family.

4. Reasonable :-

The custom must be reasonable.

• Customs are not to be enlarged beyond the usage without the parity of reason.
• It cannot be said that a custom is founded upon reason, though an unreasonable
custom is void.

5. It must not be opposed to morality or public policy and

• Though a custom may be clearly established, it cannot be enforced if it is immoral or
is against public policy.
• A custom should not be opposed to the express provision of any law nor should it
be forbidden by law.
• A custom opposed to rules given in the texts of smritis or commentaries is not void.
Case law
• Collector of Madura v. Mootoo Ramalinga

In this case the privy council observed, under hindu system of law, clear proof of
custom will outweigh the written text of law.

6. It must not be forbidden by any express enactment of the legislature.

A mere agreement among certain persons to adopt a particular rule cannot create a
new custom binding on others, wherever its effect may be upon themselves.

5. LEGISLATION

• Legislation is modern source of Hindu Law. It has been an important factor

in the development of Hindu law. Most of them are in the direction of
reforming Hindu law and some of them supersedes Hindu law.

The important legislations which have modified, altered and supplemented the
textual Hindu law are as follows,
 1. THE CASTE DISABLITIES REMOVAL ACT 1850:-
A Person renouncing his religion or losing his caste is not deprived of his
rights of inheritance under the Act.

2. The hindu widow’s remarriage Act 1956

This Act legalized remarriage of Hindu widows in certain cases and declared
their rights and disabilities on remarriage.

3. The native converts marriage dissolution Act 1866

A hindu who converts to Christianity may obtain a dissolution of marriage
under circumstances laid down in the Act, though under the pure Hindu
Law, marriage being a sacrament, would not be dissolved.
4. The Special Marriage Act 1872:-
It is amended in 1923 and now as repealed by Act 43 of 1954.
5. The Indian Majority Act 1875:-

Except is cases of marriage, divorce and adoption, the age of majority has been
fixed on the completion of the 18th year.

1. The T.P.Act 1882:-

It superseded the Hindu Law relating to Transfer of property.
2. The Guardian and wards Act 1890:-
It applied to appointment of guardianship by the court.
3. The Hindu Disposition of Property Act 1916:-
It allowed bequest to an unborn person.
4. The Indian succession Act 1935:-
It modified the Hindu law relating to wills.
5. Inheritance (Removal of Disabilities) Act 1928.

It amended the Hindu Law relating to exclusion from inheritance of certain classes
of heirs on account of physical defects.

6. The Hindu Law of Inheritance (Amendment)Act 1919.

It altered the order of heirs on intestate succession and created new
female heirs.
7. The Child marriage Restraint Act 1929.
 It restrained child marriage.
8. The Hindu Gains of learning Act 1930

It provides that the property acquired by a coparcerner by means of learning

becomes his separate property.

9. The Hindu women’s rights to property Act 1937:-

A widow of a deceased Hindu was entitled to get a share along with the
son.
10.The Arya marriage validation Act 1937:-
It recognized the validity of inter-caste marriage.
11.The Hindu marriage Disabilities Removal Act 1946.
12.The Hindu married women’s Rights to separate residence and maintenance
Act 1949.
13.The Hindu marriage Validity act of 1949.
14.The special marriage Act 1954.
15.The Hindu marriage Act 1955
16.The Hindu minority and guardianship act 1956.
17.The Hindu succession Act 1956.
18.The Hindu Adoption and Maintenance Act 1956.
19.The Child marriage Restraint (Amendment) act 1978
20.Marriage law (Amendment) Act 1976.
21.Hindu Succession (Amendment) Act 1976.

6. Judicial Decision :-

During the British regime, for administering law in India, the courts exercised the
old Smritis and their commentaries while deciding the legal issues applicable to
Hindus.

The English Judges administered Hindu law with the assistance of Hindu pandits,
later it was abolished.

The Judicial decision constitute an important source of law. A large number of

decision have now piled up on almost every point of law which have superseded
the law laid down in commentaries on several fronts.
The precedent is not merely an evidence of a law but also a source of law and the
courts are bound to follow the precedents.

The judicial decision have modified and supplemented the pure Hindu Law and
now they have emerged as important source of law.

There are numerous instances where the judges in administering the Hindu law
either modified or altered it.

Ex:- Adoption, son to pay father’s debts, restriction on definition of stridhan,

curtailment of women’s rights

7. Justice, equity & good conscience:-

Equity means the principles or rules emerging in the course of

administration of justice particularly in those cases, where an account of
inadequacy of law, the judges evolve certain general principles on the basis of
justness, fairness.

When there is conflict between the rules of smritis that one should be
followed which is based on reasons, justice and principles of equity.

CASE LAW

GURUNATH VS. KAMLABAI [1951] SCR 135

The supreme court has observed that it is now well established that in
the absence of any rule of Hindu law, the courts have the authority to decide
cases on principles of equality, justice & good conscience unless is doing so, it
would be inconsistent with any doctrine or theory of hindu law.

5. SCHOOLS OF HINDU LAW

DAYABHAGA

This school prevails in West Bengal as well as in Assam with some variances based on the
authority of customs.
The following authorities are accepted in this school
1. Dayabhaga
 2. Dayatatva
3. Daya-sangraha
4. Viramitrodaya, and
5. Dattaka-Chandrika

Dayabhagya was written by Jimutvahana.

DIFFERENCE BETWEEN

MITAKSHARA DAYABHAGA
As regards to property
 Right to property arises by birth.  Right to property by death (of
 Hence the son is the co-owner with the last owner ); hence son
the father in ancestral property. has no right to ancestral
 After the commencement of the Hindu property during father’s
succession (Amendment) Act 2005, lifetime.
the daughter of a coparcener is also a  Father has absolute power of
coparcener. alienation and son cannot
 Father has a restricted power of claim partition or even
alienation, and son can claim partition maintenance.
even against the father.  The interest of every person
 The interest of a member of the joint would, on his death, pass by
family would, on his death, passed to inheritance to his heirs, like
the other members by survivorship. widow or daughter.
 Section 6(3)of the Hindu succession
(Amendment) Act 2005, abolishes the
principle of survivorship.

3 AS REGARDS ALIENATION Any member of joint family may sell

Members of joint family cannot or give away his share even when
dispose of their shares while undivided. undivided.

4 AS REGARDS INHERITANCE The principle of inheritance is

The principle of inheritance is consanguinity spiritual efficacy(ie. Offering of
(ie, blood relationship) pindas).
But cognates are postponed to agnates Some cognates, like sister’s sons are
preferred to many agnates.

5 AS REGARDS DOCTRINE OF FACTUM The doctrine is fully recognized.

VALET
A Fact cannot be altered by hundred texts.
MIGRATION AND THE SCHOOLS OF LAW

On migration of the family continues to be governed by the law of locality of origin and the
burden is heavy on the party alleging otherwise.

Example:- Mr. ‘A’ and his family whose ancestral are from West Bengal and Mr. A comes
down (migrates) to Bombay, here Mr. A can follow his own law which existed in west
Bengal for his property and other personal matters.

In such cases if any other person want to prove the contrary has the full burden of proof to
prove that Mr. ‘A’ and his family had adopted the law existing in Bombay.

The presumption is that if a family migrates from one state to another, it carries with it the
customs regulating succession and family relations prevailing in the state from where it
came.

However this presumption may be rebutted by proving that the family has now already
adopted the law and usages of the state to which it has migrated.

But now the law is settled that there is a presumption that parties residing in a particular
area are governed by lex loci unless migration is proved.

The burden of proving that the family came from other tract and is therefore, governed b
some other branch of Hindu law is on the party who asserts it.

6. APPLICATION OF HINDU LAW

 The power of the court to apply Hindu law before independence was derived for the
Acts and statutes passed by the British parliament and provincial legislatures from
time to time.
 1774- from this year Britishers approved customary and textual Hindu law to the
extent they were not in conflict with the statutory laws.

The Indian courts also applied the principles of justice, equity and good conscience
freely whenever the situations demanded so.
 All laws were in force in the territory of India and after the constitution was
adopted four major Acts were established
 Hindu Marriage Act 1955.
 Hindu succession Act 1956.
  Hindu minority and Guardianship Act 1956 and
 Hindu Adoptions and Maintenance Act, 1956
 Have been passed with a view to overhauling the law concerning the above
subjects.

Who are hindus?

 Before answer to this point

 One more question need to be answered that is
 To whom hindu law is applicable?
 Answer:- Hindu law is applicalbe to Hindus.
 Now who are hindus?
 Hindus are all those persons who profess Hindu religion either by birth, or by
conversion to the Hindu faith.

Yagnapurusdasji v/s Muldas AIR 1966 SCC 1119

 The supreme court accepted the working formula evolved by Tilak regarding
Hindu religion.
 According to Tilak “Acceptance of Vedas with reverence, recognition of the fact
that the means or ways of salvation are diverse and realization of the truth that
the number of gods to be worshipped is large, that indeed is the distinguishing
feature of Hindu religion”.
 But the court did not give correct explanation about it.
 In short, a person who carries a hindu way of life and who is known by others to
be a Hindu can be said to be a Hindu.

“Hindus born as well as made”

 Its often said the status of a person as Hindu is determined by his birth.

 But this is not correct because a person who is born to Hindu parents may cease
his status hindu by converting to another religion.
 “So Hindu are those born as hindus and also those who become converts to
hinduism”
 Hindus are therefore born as well as made and thus the applicability of Hindu
law is not restricted or confined to those persons only who are hindus by birth.

It’s application has been extended to those person also who have accepted the hindu
religion or who convert to Hinduism

Methods of conversion
A non-hindu may renounce his religion and become Hindu by conversion by any of the
three methods:-
a. If he performs the ceremony of conversion prescribed by the caste or community to
which he converts.
b. If he expresses an intention to become a Hindu and actually lives as a Hindu and the
community or caste into the fold of which he is ushered in accepts him as a member
of that community or caste.
If he declares that he is a Hindu and lives as a Hindu

Persons to whom Hindu Law applies

Uncodified Hindu life applies to following categories of persons;

i) Hindus by birth, and also to Hindu by religion, i.e. , converts to Hinduism
ii) Illegitimate children where both parents are hindus
iii) Illegitimate children where the father is a christain and the mother a hindu, and the
children are brought up as Hindus
iv) Jains, Buddhists in India, sikhs and Nambudri Brahmans except, so far as such law is
varied by custom and to Lingayats who are considered as shudras.

v) v. A hindu by birth who, having renounced Hinduism, has reverted to it after

performing the religious rites of expiation and repentance. Or even without a formal
ritual of reconversion when he was recognised as a Hindu by his community.

vi.) Sons of Hindu dancing girls of the Naik caste converted to Mohammedanism where the
sons are taken into the family of the Hindu grand-parents and are brought up as a Hindu.

Vii). Brahmos, Arya samajishts and santhals of chota Nagpur, and also Santhals of
Manbhum except so far as it is not varied by custom.

Viii) . Hindu who made a declaration that they were not Hindus for the purpose of the
special marriage Act 1872; and

Ix). A person who is born Hindu and has not renounced the Hindu religion, does not cease
to be a Hindu merely because he departs from the standard of orthodoxy in matters of diet
and ceremonial observances.

Following persons are Hindus for the purpose of these codified laws.

Ex. Hindu marriage Act, Hindu succession Act,

 1. any person who is hindu by religion in any of its forms or developments,
including-
a. a virashaiva
b. a lingayat
c. a follower of the Brahmo, Prathana or Arya samaj.

II. Any person who is either –

a. a Buddhist by religion ; or
b. a Jain by religion
c. a Sikh by religion

III. Any other person domiciled in the territories to which these Acts extend who is not-
a. A Muslim by religion ; or
b. A christain by religion ; or
c. A parsi by religion; or
d. A jew by religion.;

The following persons are Hindus, Buddhists, Jains or Sikhs by religion

a. Any child legitimate or illegitimate both of whose parents (father and mother) are
Hindus, Buddhists, Jains or Sikhs by religion;
b. Any child , legitimate or illegitimate, one of whose parents either (father or mother)
is a Hindu, Buddhist, Jains or Sikh by religion and who is brought up as a member of
the tribe, community, group or family to which such parent (either the father or the
mother ) belongs or belonged.
c. Any person who is a convert to the Hindu, Buddhist, Jains or Sikh religion.

Persons to whom Hindu law does not apply

The uncodified law does not apply-

i. To the illegitimate children of a Hindu father by a Christian mother who are brought
up as Christians or to illegitimate children of a Hindu father by a Mohammedan
mother, because these are not Hindus either by birth or by religion.
ii. To the Hindu coverts to Christianity. Succession to the estate of a Hindu convert to
Christianity who dies as a Christian intestate is governed by the Indian Succession
Act 1865(now it is Indian succession Act,1925) a person ceasing to be a Hindu in
religion cannot since the passing of the Act of 1865, elect to continue to be bound by
the Hindu law in the Hindu law in the matters of succession.
iii. To a convert from Hindu to the Mohammedan faith. But the conversion must be
bonafide.