Persons to Whom Hindu Law does not Apply

The Hindu Law does not apply—

(i) To the illegitimate children of a Hindu father by a Christian mother and who are brought up as Christians, or to illegitimate children of a Hindu father by a Mohammedan mother, because these are not Hindus either by birth or by religion;

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(ii) To the Hindu converts to Christianity. Succession to the estate of a Hindu convert to Christianity who dies a Christian intestate is governed by the Indian Succession Act, 1865 (now Indian Succession Act, 1925). A person ceasing to be a Hindu in religion cannot, since the passing of the Act of 1865, elect to continue to be bound by the Hindu Law in the matters of succession;

(iii) To descendants of Hindus who have formed themselves into a distinct community or sect with a peculiar religion and usages so different from the principles of Shastras that the community cannot but be regarded as being outside Hinduism in the proper meaning of the words;

(iv) To convert from Hindu to the Mohammedan faith.

Extent of the Application of Hindu Law:

Hindu Law, as administered by the Courts of India is applied to Hindus in all matters. It applies in some matters only. Furthermore it is not the original Hindu Law which applied to Hindus in India but certain amendments and modifications have changed and altered a considerable portion of the Hindu Law and as such the Hindu Law which is now applicable to Hindus is subject to such alterations and modifications.