• Can Hindu son have any right on his Muslim father's property

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
Asked 7 years ago in Property Law
Religion: Muslim

3 answers received in 30 minutes.

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9 Answers

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.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

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.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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..

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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