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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  1. E
    Employ Ment
    Jun 7, 2017 at 9:33 pm
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    Reply
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      Ramesh
      Jun 7, 2017 at 7:52 pm
      She is eligible for her share as she was still hindu when her parents passed away. Her name is on properties so she should be allowed it. They should have just given each other's share in the year the parents pssed away. This has nothing to do with her marrying a muslim as she was en led to her parents inheritance. If she got her share in 2011 and all paperwork completed in her sole name they would not have been able to do anything. This is a simple case of cheating your own sister. She is still from same blood as her brothers are. This shows the greediness of hindu brothers trying to play religious card on her not to give her share. India is a major hindu country yet is the most corrupt from ever level whether it's offices or government or the army corruption is rife. Don't say bjp or congress are saints they all run by hindu and they all corrupt and this article just goes to show how evil money can be and how hindu will treat their own flesh to have more money.
      Reply
      1. R
        romi
        Jun 7, 2017 at 11:30 pm
        if by chance your daughter married a muslim would you leave your share of your property for her ?? its very easy to lecture
        Reply
      2. R
        Ramesh
        Jun 7, 2017 at 7:43 pm
        Both parents died by 2010 at which point she is still hindu. She was getting rental income as per her share upto her conversion. So therefore when her parents died she become automatically a shareholder in her parents ets which is agreed by all. So question is if she was eligible for her share only thing that stopped is total ets being divided equally yet as a w all are shareholders. When converting to Islam to say she has no share is wrong because had she had the properties divided then nobody could have done anything. She would not have been en led to property if she had married a msulim had her parents been alive at time of wedding. If this case goes against her then advise would be anyone divide your inheritance within few months and take your individual share so something like this can not happen. In india the issue of inheritance no matter which religion has been pla upon by relatives for long time, wether it's not dividing it up or just not giving share.
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          Pusku
          Jun 7, 2017 at 6:41 pm
          Is triple talaq applicable for this lady???
          Reply
          1. S
            Sivakumar
            Jun 7, 2017 at 4:54 pm
            @ Naveen Naik _ If a Muslim convert to Hindu where he inherit the property, my friend the converted guy will no longer will live peacefully in the world, the fanatic Muslims will kill him for changing the religion, in the name of peace Islam is inculcating and breeding poisonz. in the minds of its followers, a evil design
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              Nitish Nitish
              Jun 7, 2017 at 4:03 pm
              @tushar r you an expert of hindu law?hindu law clearly says that a hindu can inherit property of another hindu.this law was precisely enacted to avoid conflict b/w hindu parents and their children converting to other religion for marriage.she seems to be challenging that law.let us see what happens.
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              1. I
                Indian Skeptic
                Jun 7, 2017 at 2:01 pm
                Her brothers claim Hindu Succession Act no longer applies to her This is why India needs a gender neutral and secular uniform civil code based on 21st century values. This is something Indian men always do. Only a modern law can tackle these issues
                Reply
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                  Aniruddha
                  Jun 7, 2017 at 1:23 pm
                  Since father died in 2010, the daughter, being Hindu at that time, should inherit one third of the property. That aspect is entirely different from how her brothers managed to get hold of the property through administrative do ents.
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                    Nitish Nitish
                    Jun 7, 2017 at 3:56 pm
                    Oh yeah,she didnot ask for property when her father was alive.i m tel you here the fact her Muslim hubby is encouraging her to do so.but since she is a muslim she won't get it.her previous husband didnot ask for it coz Hindus most of the time get dowry and the women r encouraged to avoid seeking share of parental property as a good will gesture.since she has adopted a devil religion what better we can expect.
                    Reply
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