Convert says denied share in property after marrying Muslim

Her brothers claim Hindu Succession Act no longer applies to her

Written by Abhishek Angad | New Delhi | Published:June 7, 2017 4:54 am
Hindu Succession Act, muslim woman inheritance case, hindu inheritance law, delhi news, latest news, indian express The woman, who married a Muslim man in 2013, filed a civil suit staking claim to one-third share of the property.

A 33-year-old woman, who converted from Hinduism to Islam, has moved a Delhi court seeking her right to inheritance over the property owned by her deceased father.

The woman, who married a Muslim man in 2013, filed a civil suit staking claim to one-third share of the property.

Her siblings, however, opposed the suit, stating that she no longer has the right to inheritance under relevant sections of the Hindu Succession Act. The court will hear the matter on August 26.

The property, of 300 square yards, is valued at approximately Rs 60 lakh.

According to the suit, the woman married a Muslim man following the death of her first husband, a Hindu, in 2011. Seeking the court’s help for equal division of the property, the woman, in her suit filed through advocate Amit Kumar, alleged that her two brothers tricked her.

She submitted that their father and mother died in 2010 and 2008, respectively, and that the three siblings became joint owners of the undivided property worth Rs 60 lakh.

She stated that in 2012, under the pretext of getting the property divided into three equal shares, she signed some documents in good faith.

She stated that one of the brothers “fraudulently” made her sign a document which was originally a deed to relinquish the property and later gave her the General Power of Attorney, which can be cancelled anytime. The woman alleged that three years later, she received a letter of cancellation of the General Power of Attorney, which is when she realised she had been cheated.

However, the brothers opposed the suit, stating, “She has ceased to be Hindu after converting to Islam on May 16, 2013… since Hindu succession Act applies to persons who are Hindus by religion.”

The woman further alleged that initially, she used to get her share of rent collected from tenants of the property, but after her second marriage, this became infrequent and later stopped.

The suit claims that in August 2015, the brothers allegedly denied her share in the property. The woman stated that when she visited the property in July last year, she came to know that her brothers were trying to sell it on the basis of “fraudulently executed documents”.

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