Hindu Indian woman married to Muslim Indian man in USA
i am a hindu woman married to a muslim man in usa. We are both indians and got married in the court without any religious involvement as we are both atheists. We have a 2 year old son together. We have not registered our marriage in india. We only have a marriage certificate issued by the state of Texas. My husband is investing hugely in lands in India. My question is in case of any untoward incident what rights does a widow have on property in India. Is it necessary to have an indian marriage certificate to have succession rights. If so we would like to get our marriage registered as per the special marriage act of India. Also will our child have any rights on the property as he is an American citizen.
Asked in Property Law from United States
1) Hindu cannot marry Muslim except under provisions of special marriage act
2) you can approach indian embassy in USA for solemnisation of marriage
3)he Embassy/Consulate may register and issue Marriage Certificate if the marriage was solemnized by the Consular/Marriage Officer at Embassy/Consulate under the Foreign Marriage Act of 1969 which requires advance notice in the prescribed form of at least one month, advertisement of notice of intention of marriage in newspapers at the place of residence and permanent residence under the provisions of the Act.
As both of you are Indian and married with each other in Texas, the marriage is valid all over the World and the widow and child will get all their share as per Indian law.
Feel free to call
Advocate, New Delhi
1. The Indian women irrespective of religion inherits the proeprty along with the children if the husband dies intestate.
2. So in your case you will also get share in the properties in the event of death of your husband.
3. However to remove any future complications you may ask for adding your name in the title deed.
Hi, As per law women have no right to claim share in the husband property so it is better you and your husband can jointly registered the property in your name so that both of you become the absolute owner of the property.
2. As the property is the self acquired property of your husband so your child has no right to claim share in the property as per law women and child can claim maintenance.
3. You have to register your marriage under Special Marriage Act.
Getting your marriage registered as per special marriage act is purely your choice. There is no compulsion on you.
The marriage certificate given by US authorities is a strong documentary evidence for your marriage and for recognition as husband and wife by Indian laws.
The succession of properties will depend on the religion of the deceased.
Under any personal law in India a sous is a legal heir to succeed the estates o the deceased spouse.
1. Yes, you should register your marriage as per Special Marriage Act in India,
2. Based on the said registered marriage certificate you and your children can claim inheritance of his properties in case of any untoward incidence,
3. Your child being an Indian will not affect his inheritance of his father's property.
1. Since your husband is a Muslim the succession to his properties will be governed by shariah. Under the customary Muslim law, a person cannot bequeath more than one-third of his property by will. But if he has married under Special Marriage Act, then he can will away entire property, and succession is governed by Indian Succession Act, and not the Muslim personal law i.e. Shariah Act 1937.
2. You cannot register your marriage under SMA in India as the marriage took place outside the territory of India.