AIR 2007 (NOC) 121 (KAR.) = 2006 (6) AIR KAR R 394 ::2007 (5) ALJ (NOC) 764 (KAR.) = AIR 2007 KARNATAKA 121 ::2006 (6) AIR Kar R 394 ::2007 (4) AIR Kar R 182 ::2007 A I H C 2293 ::(2008) 2 MarriLJ 325 ::(2007) 2 HinduLR 550 ::(2007) ILR (Kant) 2375 ::(2007) 5 Kant LJ 194 ::(2006) ILR (Kant) 4216 ::2006 (6) Kant LJ 394 ::(2007) 4 ICC 658

Karnataka High Court

Hon'ble Judge(s): K. Sreedhar Rao , J

(A) Succession Act (39 of 1925) S. 33 — Death of Christian intestate — Property can be inherited by non-Christian who is related by blood to deceased — Relinquishment of share by daughter of deceased Christian to be effective should be by a registered deed — Oral relinquishment cannot divest daughter in share of immoveable property {" Indian Succession Act does not prohibit a non-Christian who is related by blood to inherit the property of the Christian when succession opens. In the instant case ‘T’ daughter of deceased Christian who died intestate married Hindu and converted to Hinduism. After death of daughter ‘T’ her husband and children being Hindus are entitled to share of ‘T’ in property of deceased who is Christian. Oral assertion that, ‘T’ the daughter, before her marriage has relinquished her share bytaking a valid consideration and, therefore, her children and husband are not entitled to such share for second time, not sufficient. The relinquishment of share to be legally effective should be by a registered deed. Oral relinquishment cannot divest the rights of ‘T’ in the immovable property. AIR 1956 Cal 177, Rel. on. "}

(B) Succession Act (39 of 1925) S. 33 — Adopted children of Christian parents — Have right of inheritance {" An adopted child of a Christian parents shall have right of inheritance. Unlike in Hindu Law, there is no law prohibiting the Christian couple to adopt male or a female child although they may have natural born male or a female child as the case may be. The adoption according to Christians is based on both temporal and spiritual values. "}