What proof do they have to show that they are Christians?What it the parents converted to Christianity whilst some kid retained being a Hindu or a Parsi? What happens then?
2007-04-01 17:13:22 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Thiru, I would like to discuss this further with you, however, I need your email address so that I can write to you since it's a very complicated issue. Thanks
2007-04-02 03:37:34 · update #1
For Christians, Jews & Parsi it’s the Indian Succession Act, 1925 applies & succession will be done according to this Act. It is the succession of the property owned by the parents not the kids hence the said Act will apply not the Hindu succession Act,1956 which may be applicable to a Hindu kid but only for his property & its succession to his children not his parents to him/her. The provisions of the Special Marriage Act,1954 applies only if the person has got married under these provisions or got his marriage registered in it, other wise if some one without having knowledge of the enactment says that these provisions will apply to the matters relating to divorce,maintainance,succession etc to Christian is mis informed & mis guiding others. In case of Marriage of Christians the provisions of the Indian Christian Marriage Act, 1872 applies & for the matter relating to the Divorce, judicial separation, maintenance etc the provision of the Indian Divorce Avt, 1969 applies. For the purpose of succession we have to see the provisions of the Indian Succession Act, 1925 only.
2007-04-01 21:56:39 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
In matters of Succession Christians are governed by the Indian Succession Act, 1925.
In matters of marraige, maintainence, divorce and other ancilliary reliefs the Special Marriage Act is applicable to Christians.
The status of religion of an individual is reflected either in the employment records (if he/she is a government employee) or in the social security cards. For example you can see your religion in your voters identity card or a passport or on a PAN card. There are many other documents where one can find their status with regards religion. And these documents are proof of their religion.
But the most important piece of evidence would be an authoritative pronouncement of your religion from your sect, community or congregation. With this certification from your community you can obtain a nativity, caste and social status certificate from the local revenue officer which is comprehensive in nature and requires no further proof in any aspect.
Conversion:
If the children of the converted individuals are major then they cannot be forced to convert themselves into the religion being adopted by the parents. One has the right to choose his religion and propagate the same by virtue of Article 25 and Article 26 of the Constitution of India.
Rights in Property:
If the property is a self acquired property then in the event of his conversion to another religion, the law applicable to that particular religion would apply.
If the property is ancestral property then on conversion the individual looses his rights in the property.
I must say that law concerning the Family, Rights in the Property and the Religion are very complicated. The Laws vary from State to State. The subject falling under concurrent list, they are amenable to State amendments from time to time. You have the Central Legislations but the legislations are amended with an intention of applying it to the concerned State having regard to its composition of various sects and the nature of customary rights and other aspects.
Therefore any question concerning Family Law seems simple but the answer to it will be invariably complicated and will depend upon several factors.
I hope you are satisfied with the explanation given. I am sure I can be helpful if I am provided with some more details.
2007-04-02 07:27:12 · answer #2 · answered by thiru 2 · 0⤊ 0⤋
There is a separate Christian Marriage Act, but no personal to govern their succession.They are governed by the general property laws.
2007-04-02 04:42:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Don't worry. Our constitution was written by British and you got to remember that they are christians.
2007-04-02 09:07:17 · answer #4 · answered by indianborntowin 2 · 0⤊ 0⤋
They would be dealt with General Law.
2007-04-02 04:32:07 · answer #5 · answered by katkam v 3 · 0⤊ 0⤋