The case involves Nasimbanu Firozkhan Pathan (nee Nainaben Bhikhabhai Patel) from Vemali village in Vadodara.
She renounced Hinduism and embraced Islam on July 11, 1990 before marrying Firoz Khan on January 25, 1991as per the Muslim rituals.
Nasimbanu’s father Bhikhabhai Patel passed away in 2004, leaving behind sizeable parcels of land in the village. When she applied for entering her name in the list of heirs, her sister and brother opposed on the ground that she was not eligible to inherit the property because she had converted to another religion.
Interestingly , deputy collector held that the Muslim woman was entitled to inherit the property. The district collector and the state revenue secretary overturned the decision.
Justice Pardiwala said, “The change of religion and loss of caste have long ceased to be the grounds of forfeiture and the only disqualification on the ground that the person has ceased to be a Hindu is confined to the convert’s heirs . The disqualification does not affect the convert.“http://epaperbeta.timesofindia.com/index.aspx?eid=31804&dt=20170928#
September 29, 2017 at 4:48 pm
The Gujarat HC verdict is significant. It empowers women to inherit the ancestral property without considering religious conversions under the hindu succession act