A Muslim person marries a Hindu girl both maintain their own religion. They had one son given a Muslim name. The man divorce her Hindu wife and the son lives with her mother, they are not in contact with each other, later the son converted to Hindu. Thereafter the man marries a Muslim girl and had two daughter, the man purchased a flat in his own name and living with them. Meantime the Hindu wife dies leaving the Hindu son(major), he has no contact/relation with his Muslim father. The man dies leaving his Muslim wife and two Muslim daughters(one is still below 18 years). After four years the Muslim wife and two Muslim daughters wants to sell their flat. Now can the son who is Hindu and separated with his mother and has no relation with his father during his lifetime has any right/claim on his father's property
Incase the answer is yes, then what should I do as nobody knows his whereabouts. Can he claim when he comes to know about the sale later? If the answer is NO then should I proceed for Registration after taking necessary permission from court on behalf of the minor daughter and inserting a INDEMNITY clause in the deed?. To be on the safer side should I insert an advertisement in the newspaper about the purchase of the concerned flat inviting claimant, if any. Incase no claim/objection received within the stipulated period, if received after the regn of the property, will the advertisement indemnify me. Pls advice
1. First of all since no hindu and muslim can perform religious marriage , the marriage between them was null and void.
2. However child born between them though illegitimate is entitled to inheritance from his biological father.
3. So on the death of the man his Hindu illegitimate son can have equal share along with the muslim children and widow.
4. Since he is untraceable the proeprty can be enjoyed in the meantime by the other co sharers.
1) he is the biological son and would have share in his father property
2) Section 1 of the Caste Disabilities Removal Act inter alia provides that if any law or (customary) usage in force in India would cause a person to forfeit his/her rights on property or may in any way impair or affect a person’s right to inherit any property, by reason of such person having renounced his/her religion or having been ex-communicated from his/her religion or having been deprived of his/her caste, then such law or (customary) usage would not be enforceable in any court of law.
in case son becomes aware of sale of flat he will file suit to set aside the sale of flat
2)you should not purchase the flat
3) ask the seller to find whereabouts of son through detective agency
4) mere release of public notice will not indemnify you in case any claim is made later by the biological son
Dear Querist
he is son and if the person(father) who died without any will then the biological son has right over the property of his father after his death, the religion is immaterial.
Feel free to Call
1. No, the said Hindu son of the Muslim person will have no claim on his properties after his demise.
2. The said property will be owned by his wife and two minor daughters..
1. You should take approval from the local District Judge for selling the shares of your minor daughters.
2. District Judge is the Trusty of the properties of all the minors falling under his jurisdiction.
3. You shall have to show that the said sale of the minor's share of the property is for their welfare only and not for your or other's gain.
Now can the son who is Hindu and separated with his mother and has no relation with his father during his lifetime has any right/claim on his father's property
The conversion of religion will not dis-entitle the Hindu son to claim a rightful share in his deceased biological father's property.
He can very well claim a share in his biological father's property.
Incase the answer is yes, then what should I do as nobody knows his whereabouts. Can he claim when he comes to know about the sale later?
For the present you can make a publication in the local newspaper abut selling this property and cal for any objection from anyone within a time stipulated after which you can proceed with the proposed action on it.
1. They could have married only under Special Marriage Act if both chose to stick to their religion after marriage.
2. On the demise of father his son inherits the flat to the extent of his share even if his religion is Hindu. His conversion is no bar to his inheritance.
3. To sell the share of your minor daughter you require the permission of the District Judge as no property of a minor irrespective of religion can be alienated without the permission of the District Judge.
4. If you are able to satisfy the DJ that sale is for the welfare of minor he will permit you to do it.
