• Marriage

I wanted to marry my fathers real sisters grand daughter.
As per HINDU MARRIAGE ACT , we cannot marry due to prohibited relationship.
I understood.

what does Muslim marriage act says?

1) If we both practice Muslim Religion. Then, can we marry and register marriage with registrar and get legal marriage certificate.

2) Is marriage between me and my aunts Grand daughter legal as per Muslim marriage law?
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

chapter 4 verse 23:Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-

2) there is no bar to you marrying your aunts grand daughter in islam

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You both can convert you religion into the Muslim with local muslim board and Maulvi and can start practising same,

Further can marry as muslim personal law, the relationship is not in prohibited degree in muslim law.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Conversion for the purpose of marriage is void and prohibited relationship examines from and by birth which cannot be change y converting into other religion.

Except where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship;

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hindu converted into other religion is not disqualified to claim the property ..under section 26 of hindu succession act .

2) under Section 26, though the children of converts are not Hindu by birth due to conversion of their parents and so they are not covered under the Hindu Succession Act, their parents (converts) are Hindu by birth, cannot be disqualified for their ..inheritance of their father who is a Hindu because their father’s property and inheritance are governed by the Hindu Succession Act....

3) in case your father dies intestate you can inherit your father property

4) father can change his will during his lifetime

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Earlier, if a legal heir converted into another religion, it could mean forfeiture and exclusion from the family property. However, under the provisions of the Caste Disabilities Removal Act, 1850, as stated in the E Ramesh and Anr. versus P Rajini and 2 Others case, things have changed. Now, a Hindu convert will not lose right over father's property even after renouncing his religion. However, according to Section 26 of the Hindu Succession Act, a convert's child/children will be disqualified from inheriting the property of their Hindu relatives unless they are Hindus at the time.

So you wont loose any right over the property,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear,

Not possible, because in law some things are not changed with religion changed.

She is your sister according to Hindu law and religion change, can't change this.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Concerned,

Let's be practical - As per Hindu Religion , you are in love with you Sister - your bua's daughter. We are preety sure your parents dont know about this. Look at the other aspect - the chances of Genetic Disorders in kids are extremely high if the child is procreated between siblings. Hence it is not wise to get into this relationship.

On other hand yes following Muslim law will come handy for this marriage but yes it will have challenges of inheritance laws.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

If you change your religion to Islam then you will have no connection with your family and hence you can marry her. Share can be given by the father in Self acquired property but not in ancestral property.will is valid as far as self acquired property is concerned.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

In case there is a will and if your father is alive he have all the opportunity to change the will as per his discretion any time before his death and that can be probated in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The Delhi high court has said that people within prohibited relationships, in Hindu community can marry each other after conversion to christianlty, if it is not within prohibited relationship in Christianity.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. The same happens to be a valid marriage as per the muslim laws.

There is no prohibition in the muslim laws.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As soon as you change the religion you will lose all the rights on the ancestral property.

Your dad might revoke the will or might make another will if you change your religion.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes, you both can convert to Islam and get married.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If there's a will, even if you change your religion, there will be no effect on the will and you can still claim your property in light of the will.

It would be even better if your father may pass on this property to you under a gift deed during his lifetime.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Indian law also objects conversion for this kind of purpose.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

1. Under Muslim personal laws, such marriages are permissible but to register the marriage you may have to register the same under special marriage act only.

2. This may not come under degree of prohibited relationship under Muslim Personal law.

But in general the Muslim clergy wont accept the conversion for this purpose alone, hence you may have to look for the ways to get through.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

biggest problem is

i am hindu

if i change my religion from hindu to islam.

i wont be getting any share from ancestral property and self acquired property of my dad ?

is this true ?

You have been wrongly informed about it. The intestate succession under Hindu Succession laws states that you belong to the religion under which you took birth for succeeding to the estates as a successor in interest.

my dad already made a will in my name. is that will be valid even if i change my religion to Islam.

The Will shall be in force and valid until your father has not cancelled or revoked it during his lifetime.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. If both of you convert to Islam then legally there will be no bar to marriage. You can remain Hindu and be in a live in relationship though.

2. Even if you convert to Islam you will not suffer any disqualification to inheritance. However, your dad will be free to revoke the will that he has made in your favour.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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