Choice to be governed by a secular inheritance law must apply across faiths: CJI

Choice to be governed by a secular inheritance law must apply across faiths: CJI

Chief Justice of India Sanjiv Khanna on Tuesday (January 28, 2025) orally observed that the freedom to become a non-believer and choose to be governed by secular inheritance laws of the country must apply across faiths.

The Chief Justice’s observation came while hearing a petition filed by a Kerala-based woman, Safiya P.M., who said that though born a Muslim, she was now a non-believer and wished to be governed by secular statutes like the Indian Succession Act rather than the Sharia law.

“If it is to apply to one faith, it must apply to all faiths,” Chief Justice Khanna, who was heading the Bench comprising Justices Sanjay Kumar and KV Viswanathan, said.

The CJI, at one point, observed that “under the Hindu Succession Act, if you convert, your inheritance is taken away… if you convert, you lose your right of inheritance”.

Solicitor General Tushar Mehta, appearing for the Union of India, said one could still inherit through a Will irrespective of the restrictions in the Hindu Succession Act.

However, the Chief Justice said there were also situations of intestate successions and even the Joint Hindu Family property.

Mr. Mehta agreed that the petition posed an interesting question and the Central government must be given time to file a considered response in the form of a counter-affidavit.