• Question regarding will and religion and name change

Dear sir,
Assume I have a will made upon me by my parent for a house, my question is 
1.what steps should I take to ensure that this will cannot be cancelled ?
2.What happens to this will in case if I end up switching to another religion from my current religion ?
3.What happens to this will in case if I end up marrying a girl of opposite religion ? 
4.Can a muslim boy marry a hindu girl after mutual consent ? will both be considered hindus later for any legal matters ?
5.Which religion will the children be considered to such a couple for legal matters ?
6.Is it ok after marriage if husband , wife and children remain atheist 
7.Can such a couple travel outside india and have their government documents display this intercast religion ?
8.I have to change my first name due to numerology, I know how to change the same in PAN , aadhar and passport, but changing the same in 10th,12th, degree is lengthy process , can next companies accept the gazette notification,affidavit for considering my education and experience certificates as genuine
Asked 4 years ago in Civil Law

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28 Answers

1. No such step can be taken till the lifetime of your parents.

2. Will shall not get affected by such act of yours.

3. No effect on the will.

4. You two may marry under special marriage act if you want to retain the religion, otherwise either of the party will have to convert.

5. Any religion which the children will chose after 18, till then they will be following the lineage of the father.

6. That is not an issue.

7. Yes

8. Yes they can accept the gazette notification otherwise getting the same changed will involve the court process that will include filing a writ in the High Court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Cancelling or not cancelling the will during his/her lifetime, depends on the testator. Just ensure that the will in your favour is 'last and final'.

2. This does not affects the will, unless there's a provision to the contrary in the will.

3. Same as 2.

4. Only after he converts to Hinduism. If they both wish to retain their respective religions even after their marriage, this marriage will have to be performed under the Special Marriage Act.

5. Father's religion, till they attain the age of majority.

6. Yes. This is permissible under the Indian constitution.

7. Yes.

8. Yes, even after undergoing the legal procedure of name change, including the newspaper and the gazette publication; your educational certificates will continue to remain valid.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) will is not irrevocable

2) it can be revoked at any time

3) you can still inherit property bequeathed to you by will

4) Muslim can marry Hindu girl under special marriage act

5) no need to change your religion

6) wife and family can remain atheist

7) children can follow any religion

8) you can travel abroad and passport can reflect your religion

9) no need to change name in educational certificate

10 ) company would accept gazette notification for change of name

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Will is the wish of the testator who can change or modify it at any point of time. You can't force to keep it intact.

2. If the Will is silent on this issue then nothing will happen.

3. Nothing unless testator disqualifies you in Will for doing so.

4. They can register marriage under Special Marriage Act without changing the religion. Otherwise the girl will have to convert into Hinduism.

5. The children would-be raised as Hindu unless they profess Muslim religion.

6. Yes

7. Yes

8. Change in school documents is more possible. You will have to make an affidavit to deal with the situation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) The will can be only cancelled on your parents decision.

2) there will be no effect on will

3) Marrying girl from another religion won't effect the will.

4) there can be religion change or both can marry under special marriage act. No he won't be hindu for legal matters unless he changes religion.he will remain muslim.

5) Religion of father for kids is considered.

6) yes

7) Yes

8) Yes gazattee notification copies is valid proof

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If you are getting married inter caste or inter religion, you can get marry under the Special Marriage Act.

2) After marriage both will have independent religion, it depends upon both to convert in which religion or remain individual religion.

3) to grow your children it which religion its totally depends upon you.

4) For name change get changed in official gazette and it will get changed in PAN card, AADHAAR card and passport. And not I. 10, 12 and in graduate certificate.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi,

Following are the answers to your questions:

1. You need to follow the conditions mentioned in the will.

2. Will restricts conversion to any other religion then it could be invalid.

3. Incase deal provides that you need to marry a girl in the same community then it will be valid

else it will not.

4. by marriage no religion is changed until and unless someone converts into a different faith.

5.Normally of the father till they get adulthood. After that they have their choice.

6. There is no such ban any where in the world to restrict the husband and wife of different faith.

7. Yes.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

1.what steps should I take to ensure that this will cannot be cancelled ?

Ans: Whatever steps you may take, the other party may challenge it and you have to produce concrete evidence before the Court and establish genuinety of Will.

2.What happens to this will in case if I end up switching to another religion from my current religion ?

Ans: It depends upon the terms of the Will, normally the benefits under the Will may not come to you if you change your religion.

3.What happens to this will in case if I end up marrying a girl of opposite religion ?

Ans: You can get benefits under the Will even if you marry a girl of another religion.

4.Can a muslim boy marry a hindu girl after mutual consent ? will both be considered hindus later for any legal matters ?

Ans: Yes, provided yourself converted into Hindu by approaching Arya Samaj.

5.Which religion will the children be considered to such a couple for legal matters ?

Ans: They have religion of father to which he belongs otherwise consent given by you that the children may adopt the religion of mother.

6.Is it ok after marriage if husband , wife and children remain atheist

Ans: It is also okay, except for filling few columns of school admission forms since there is no such column which recognizes Atheist as a religion. You may go to High Court in this regard and enlarge secular way of thinking. Whether you are bluffing all the above or in reality you would like to practice, I have a doubt.

7.Can such a couple travel outside india and have their government documents display this intercast religion ?

Ans: Yes.

8.I have to change my first name due to numerology, I know how to change the same in PAN , aadhar and passport, but changing the same in 10th,12th, degree is lengthy process , can next companies accept the gazette notification,affidavit for considering my education and experience certificates as genuine

Ans: After issuing a gazette notifications you may impress upon academic authorities to change your name in the respective academic certificates and if they do not oblige then you have approach a Court of Law.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

1.what steps should I take to ensure that this will cannot be cancelled ? -- U cant do anything, WILL can be changed any time before death.

2.What happens to this will in case if I end up switching to another religion from my current religion ? -- IF any restrictions in WILL that in case of change in religion, u will not get any thing than no property, otherwise change in religion do not cease to inherit property of parents.

3.What happens to this will in case if I end up marrying a girl of opposite religion ? - no effect

4.Can a muslim boy marry a hindu girl after mutual consent ? will both be considered hindus later for any legal matters ? -- No until one of them convert to particular religion.

5.Which religion will the children be considered to such a couple for legal matters ? - Father`s religion but child is free to propound religion of his choice and accordingly he will considered whether Hindu or Muslim.

6.Is it ok after marriage if husband , wife and children remain atheist - No boundations.

7.Can such a couple travel outside india and have their government documents display this intercast religion ? -- No issues

8.I have to change my first name due to numerology, I know how to change the same in PAN , aadhar and passport, but changing the same in 10th,12th, degree is lengthy process , can next companies accept the gazette notification,affidavit for considering my education and experience certificates as genuine -- Gazette notification is sufficient.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No religion is not ascertained by name it is by belief, Indian constitution provides freedom to follow the religion of choice or remain athesit. So if muslim boy marries hindu girl they both can continue to remain same or can convert or can be atheist.

2) yes the gazette notification and affidavit is valid proof of name change. You can apply for change of name on you documents based on these.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) After marriage you are concern with name of you both.. Take the example of Shahrukh Khan and his wife name is Gauri Khan, Salman Khan's mother is Hindu and she follow all Hindu rituals in her family where as his Father Salim .so you should not have any problem in it.

2) If you have changed name on gazette it can be change in PAN and Passport, but not on SSC or 10th mark sheet.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If Muslim marries Hindu girl under provisions of Hindu marriage the marriage would be illegal unless boy converts into Hinduism

2) if first name changed by gazette notification and publication in newspapers it would be suffice t to prove change of name

3) change of name would be with prospective effect

4) no need to change on X std school leaving certificate

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

You are getting unusual questions so I feel personal discussion is makes you understand the law. Please visit my office. Any how I am answering your questions are as follows:

1.How is religion of a person ascertained ? is it by his name ? suppose a muslim boy marries hindu girl

and then but both remain somewhat atheist like not involving in any hindu rituals is that allowed ?

Ans: There is no yard stick to find out and ascertain your community/religion if you do not disclose the same. In many offices and school admissions forms there is no column such as “Atheist”.

2.If first name changed is displayed in gazette and affidavit can this is used to prove 10th standard marks card

if name on 10th std marks card could not be changed during "passport renewal" and PAN card reprint

Ans: Your records to be changed as per procedure in accordance with your name change on the basis of gazette notification etc..

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

Regarding the will, it is suggested that just have the endorsement that it is the last will and made without any coercion, undue influence and without any pressure of any kind. The will would be valid then. Regarding name change, you can do that by affidavit, newspaper promulgation and gadget notification. Later you need not to change the name in all the documents. Further, religion is a matter of faith and it depends on both the persons as to how they decide to live their lives.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. You cannot dictate any terms on the testator, it is the testator's discretion and own decision to contuse with the same will till his lifetime or to cancel the same anytime during his lifetime.

You cannot legally force him/her to not to cancel the same.

2. If the will remains in force i.e., after the lifetime of testator, then it can be enforce accordingly and this conversion will not make any impact or alter the meaning or benefits of the bequest made in the will for the reason that the beneficiary converted into any other religion, until and unless there is a specific recital in this regard in the will.

3. Nothing will happen, read the above answer.

4. A Muslim or Hindu, or any person belonging to different can very well marry each other provided they are of marriageable age and they are not prohibited by any law

There is no necessity of either of them to convert to other's religion,they can profess their own faith even after their marriage, but their marriage can be registered under special marriage act only.

5. The parent can decide about the religion of their children.

6. That is their own decision, nobody can interfere in it.

7. They can

8. The name cannot be changed in the educational certificates at this stage, however the gazette notification for name change will be sufficient to prove the changed name.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

1.How is religion of a person ascertained ? is it by his name ? suppose a muslim boy marries hindu girl

and then but both remain somewhat atheist like not involving in any hindu rituals is that allowed ?

It is your personal decision, the general public are not interested in what others do, hence there is nothing to be worried about other's opinion in this regard.

2.If first name changed is displayed in gazette and affidavit can this is used to prove 10th standard marks card

if name on 10th std marks card could not be changed during "passport renewal" and PAN card reprint

Yes the gazette notification will be sufficient

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

1. Religion is determined by the belief which a person follows. It is not by name, but by faith and belief. Yes, they can choose to remain atheist.

2. Yes, this works.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) name change does not lead to change in religion

2) not necessary to go to place of worship

3) he is free to marry girl of any religion under provisions of SMA

4) marriage laws are governed by personal laws of parties in India

5) in case of divorce husband has to pay alimony to wife and maintenance for his child

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

My answers as follows:

1. will this name change force a change of religion ? ,

Ans: Mere name change cannot change the religion itself. It never happen.

2. should he goto any place of worship mandatorily ?

Ans: Certainly. You must to Arys Samaj or any other worship authority to change your religion and not name, it is mandatory.

3. Should he register in a specific community in india ?

Ans: You can be recognized only in the community of Arya Samaj, Changing to Lignayath Community etc is very difficult.

4. Is he still free to marry a girl of any religion ? like muslim/chirstian/hindu/ girl ?

Ans: If she agrees, then you can marry any girl of any religion.

5. Are marriage laws goverened by religion of a person in india ?

Ans: No, in your case you must get marriage registered under Special Marriage Act, 1954 only.

5.1 if its yes under the scenario if a muslim boy marries a hindu girl , but later girl wants to seperate

for some reason does that mean boy should pay money ? assume they have one child.

Ans: Yes certainly.

5.2 if its yes what are the rules if a muslim boy marries a christian girl ?

but later girl wants to seperate for some reason does that mean boy should pay money ?

assume they have one child

Ans: The Court only decides that figure to be paid.

5.3 if its yes what are the rules if a muslim boy marries a jewish girl ?

but later girl wants to seperate for some reason does that mean boy should pay money ?

assume they have one child

Ans: Yes certainly, irrespective of religion.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. No name has no relation to the religion.

2. No.

3 not necessarily.

4. Yes

5. Yes by personal laws also there is Special marriage act under which person of any religion can marry.

5.1 that is on court to grant maintenance on divorce.

5.2 they will be governed by Special marriage Act.

5.3 same as abovr

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Change of name has nothing to do with the change of religion.

2. Not necessary

3. There is no such a thing at least in India.

4. It is his right in this free country.

5. Different religions have their personal laws in respect of the marriages solemnised as per their religious rites.

5.1 A muslim boy can marry a Hindu girl without each other changing their religion, but their marriage can be solemnised under special marriage act.

Maintenance can be claimed by her under section 125 cr.p.c. also which is common law.

5.2 the above answer suits this too.

5.3 the same answer for this also.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

1) non registration does not affect validity of marriage

2) husband has to pay alimony to wife in event of divorce

3) once marriage is solemnised under SMA after 30 days notice by registrar marriage would be valid . It should be registered

4) wife entitled to alimony in event of divorce

5) if wife does not want alimony no need to pay her

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

All you questions answer is solved by Special Marriage Act.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Marriage has nothing to do with the certificate to be given to the religion.

If you are marrying as per certain religious rites then you can apply for marriage certificate as per the governing laws of that particular religion.

2. If maintenance is not sought by her then there is no necessity for him to be bound by any such issue, he need not pay the maintenance amount to the unrelated bodies namely government or court.

3. The marriage registered under special marriage will be recognised as legally valid marriage under taht provisions of law.

4. If she demands and the court passes an order then he may have to pay.

5. No the boy need not pay any amount towards maintenance if she has not demanded.

T Kalaiselvan
Advocate, Vellore
78096 Answers
1543 Consultations

5.0 on 5.0

Hi,

with so many replies, you query seems to be solved.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

1. In case of same religion of both boy and girl, is the marriage considered legal only after marriage certifate is generated ? or is it considered legal the moment gifts or good words are exchanged ?

if couple does not have a child , but girl wants separation , does that mean boy has to still pay money, assume a case of hurried decision from the girl or her parents

Ans: Marriage Certificate will be absolute evidence whether it is between two couples belonging to same caste or different caste. In either case the husband is liable to pay maintenance to his wife, irrespective of haste decision of either party.

2. In case of same religion of both boy and girl , if couple does not have a child , but girl wants separation and does not request any maintenance money, does that mean boy has to still pay money to some court or government assume a case of hurried decision from the girl or her parents

Ans: Yes, the maintenance has to be paid in the Open Court to the wife.

3.In case of Special Marriage act , is the marriage considered legal only after marriage certifate is generated ? or is it considered legal the moment gifts or good words are exchanged ?

Ans: If it is customary and able to prove then it will be deemed as marriage otherwise it will run as legal marriage from the date of marriage certificate, in either case there will be a subsisting marriage.

4.In case of Special Marriage act if couple does not have a child , but girl wants separation , does that mean boy has to still pay money,assume a case of hurried decision from the girl or her parents

Ans: Same question repeated. If you want to avoid maintenance then remain unemployed and nobody touch you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. if it is done as per the customs then the marriage is solemnized as soon as the customs are done, marriage registration is a secondary thing.

2. if the girl does not ask for maintenance then you will not have to deposit the same anywhere.

3. There is no exchange of goods in marriage under SMA, the marriage is considered good as soon as the marriage certificate is generated.

4. No

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

5. No, if the girl does not ask for maintenance then you do not have to pay the same.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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