Arrange the events and rewrite them chronologically along with the dates, starting from the earliest. (3 X 5 = 15)
a. A law is passed that allows converted Christians to inherit property.
b. Battle of Buxar
c. Sepoys reluctant to cross the sea and got to Burma to fight a war for the British
d. Rani Lakshmi bai defeated by the British forces.
e. Subsidiary Alliance imposed on Awadh.
14. There were several causes that led to the
Answers
Explanation:
The Bombay High Court in its recent decision in Balchand Jairamdas Lalwant v. Nazneen Khalid Qureshi (Appeal from Order No. 1175 of 2014) dated 6th March, 2018 whilst discussing the issue on whether a Hindu who has converted to Islam is disqualified to receive property of the father who dies intestate has held that when deciding the inheritance, the religion of the person at the time of birth has to be taken into account and therefore, a Hindu convert is entitled to her father's property on the father dying intestate.
Facts: A Notice of Motion (No. 956 of 2010) in Suit (No. 3480 of 2010) was filed in the trial court by the Respondent/Plaintiff sister for an order of injunction restraining the defendants, including the Appellant/ Defendant brother from creating third party rights in respect of suit premises i.e. residential flat in Matunga (West), Mumbai, being the self-acquired property of her deceased father. The Respondent / Plaintiff has five sisters and the Appellant/Defendant brother and claimed her share in the suit property. The Respondent/ Plaintiff had married a Muslim in 1979 and changed her religion to Islam. The Notice of Motion was contested by the Appellant/Defendant on the ground that the Respondent/ Plaintiff had lost her right in the suit property on changing her religion. The trial court allowed the Notice of Motion considering a prima facie case and the Defendants were restrained from creating third party rights. An Appeal was thereafter filed against the order of the trial court allowing the Notice of Motion.
Submissions: The Appellant submitted that the Respondent cannot claim proprietary rights in the father's property on converting to Islam as she is not covered by the Hindu Succession Act, 1956 (the "Succession Act") and Sections 2(1)(a) and 2(1)(b) of the Succession Act are inclusionary in nature by which Hindu, Jain, Buddhist, Sikh are covered under the Succession Act whereas Section 2(1)(c) of the Succession Act is exclusionary in nature by which Muslims are excluded from the application of the Act.