At one time it was thought that a Hindu “is born and not made”. This means that no one could claim to be governed by Hindu Law simply by professing Hinduism if he was not a Hindu by birth. This proposition, however, is now unsound for a person who is not a Hindu by birth may come under the operation of Hindu Law by conversion to Hinduism.
In Ratansi Morarji v. Administrator General of Madras, 52 Mad. 160, an Austrian Lady who was born in the Christian religion was converted to Hinduism by the Hindu Missionary Society of Bombay. She then married a Hindu. She died leaving a will which she executed at Adyar in the mofussil of Madras Province. The will was not attested. It would be valid if it was a Hindu will but it would not be valid if the testator was a Christian. So the question arose whether the lady was a Hindu or not.
It was held by Venkata Subbarao. J., that Hinduism recognised conversion and that the Austrian lady had become a convert to Hinduism and was governed by Hindu Law. The validity of the will was accordingly upheld. Perumal v. Ponnuswami, AIR 1971 SC 2352, Annapazham, an Indian Christian was married to Perumal Nadar, a Hindu in accordance with Hindu ceremonies and rights.
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They also entered into an agreement that they shall be, henceforth, governed by Mitakshara Law. A son, Ponnuswami, was born of this marriage. After that the relationship between Perumal and Annapazham was strained. Son and mother lived separately from Perumal.
Ponnuswamy, then minor, acting through mother filed a suit against father for half of the share in the property. Perumal contended that his marriage with Annapazham was illegal as she was Christian and Ponnuswami brought up her can’t claim Joint family rights. The Supreme Court held that her acceptance to the marriage in Hindu form itself was the proof of conversion.
She continued to live as a Hindu even after. It has been held that if a person expresses his/her intention to become a Hindu followed by the conduct of community or caste taking into the fold of which he/she is ushered accepts him/her as a member, then he/she is considered Hindu. No formal ceremonies to effectuate conversion are required.
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In Mohandas v. Devaswom Board, 1975 KLT 55, Jesudas, famous play back singer, was a catholic Christian by birth. He used to render devotional music in a Hindu temple and used to worship the presiding diety. He also filed a declaration stating that he was the follower of Hindu faith. It has been held that such a bonafide declaration amounts to his acceptance of Hindu faith and becomes a Hindu by conversion.