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ISSUE:

Whether a son born out of a wedding of a Hindu Father and a Christian Mother could be said to be a Hindu for the purposes of forming a HUF with the father for Tax purposes?

Can a son of a Hindu father and mother married under the Special Marriage Act can be considered as a member of his father’s joint family?

RULE:

Legitimate children of a Hindu father by a Christian mother who are brought up as Hindus would be governed by Hindu Law. Thus, son of a Hindu father and mother married under the Special Marriage Act will be a member of his father’s joint family.

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