• Rights of inheritance under Special Marriage Act, SMA

I'm a Muslim girl, going to marry a Hindu boy under Special Marriage Act on 19th August, 2016. Our families are happy to go with our decision.

However, my family has one doubt. They want to know about the rights of inheritance. There are 3 questions:
1) What can I inherit from my PARENTS and what can I inherit from my HUSBAND?
2) What will my husband inherit from HIS FAMILY, and what can he inherit from ME?
3) If my parents leave a will giving their property to my brother, will I still have any share in it or will all of the property go to my brother only? (This question is most important)

Thank you
Asked 4 months ago in Family Law from Bareilly, Uttar Pradesh
Religion: Muslim
1) Succession to the property of person married under this Act or customary marriage registered under this Act and that of their children, are governed by Indian Succession Act

2) where a Muslim contracts his marriage under the Special Marriage Act, 
13. 1954, he ceases to be a Muslim for purposes of inheritance. Accordingly,  after the death of such a Muslim his (or her) properties do not devolve  under Muslim law of inheritance

3) on your  husband demise you would be one of the legal heirs along with your children and mother in law

4) on your demise your property would devolve on your husband and children 

5) your parents can bequeath only one third of property by will as per muslim personal law . hence entire property would not go to your brother 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
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1) it is advisable that gift deed be executed by your parents in your favour 

2) advisable to register gift deed 

3) although registration of hibanma is not necessary among Muslims it is always better to play safe 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
Dear mam
why you dont want any share in the property. first dont make any stamp paper related to this that you dont need any property share. and if they are agree to give you that land piece then only you can promise them or also make stamp that in future you dont need any property etc in future.you have full right on the property of your parents and also when you married then you also have a full right on your husband property as well. only if your parents make any will in favour of your brother and they dont want to give any share to you even then only you cannot claim any right over that property. but only if that will is only genuine. Supreme Court new amendment daughters has also legal right over the parents property.

if you are getting marry to Muslim then law will be bit different from hindu law so first thats a good step if you getting marry under special marraige act.so you also have equal right over your husband property.
Sapna Seth
Advocate, Chandigarh
18 Answers
0 Consultations
4.0 on 5.0
Dear Querist
My opinion on your queries are as under:


What can I inherit from my PARENTS and what can I inherit from my HUSBAND?
Opinion: only the property which your parents gifted you orbmake any will in your favor. Till your husband is alive you are not entitled to get any property from him legally.

2) What will my husband inherit from HIS FAMILY, and what can he inherit from ME?
Opinion: if your husband has any ancestral property of his great grand father(4th generation) only from that property he can get his share, from you he is not entitle to get from you till you are alive.

3) If my parents leave a will giving their property to my brother, will I still have any share in it or will all of the property go to my brother only? (This question is most important)
Opinion: you will not get any share in this senerio.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
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If your parents are ready to gift you a property then get registered a gift deed from them for future security. Written on stamp paper can be challenged after them.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
1. If you are not converting to Hinduism then you continue to stay as a Muslim for which you shall inherit the property of your parents as per Sharia. As per Indian Succession Act, wife shall inherit equally her deceased husband's property (if he has died without writing any will)  alongwith his other legal heirs being his mother and also children,

2. Your husband will inherit equal share of his deceased parents property along with other legal heirs if his father dies intestate ( i.e. with out writing a will). Similarly he will inherit your property in case of your demise intestate equally along with all your legal heirs,

3. Your parents can deal with their properties the way they feel like.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
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1. If your parents execute and register a gift deed in your favour transferring the title of the said land in your name, then you shall become its absolute owner,

2. You won't have to write any thing anywhere about about your not claiming any share,

3. if your parents executes and registers any deed transferring their property in anybody's favour, you can sign the said deed as witness. This will stand as your consent for such transfer of the title by your parents in favour of others. 
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
5.0 on 5.0
1) What can I inherit from my PARENTS and what can I inherit from my HUSBAND?

You are entitled to inherit your legitimate share in the property left behind by your parents who died intestate, but nothing during their lifetime.
The same is applicable in your husband's side too.  
Even if you convert into Hindu, your rights in the intestate property of your father is protected, you can avail it as a daughter to your parents. 






2) What will my husband inherit from HIS FAMILY, and what can he inherit from ME?

Whatever he is entitled to from his family side i.e., a share out of his father's share in the ancestral property, a share in the properties let behind by his parents upon their intestate death, etc. 
He is not entitled to any share from your properties during your lifetime.





3) If my parents leave a will giving their property to my brother, will I still have any share in it or will all of the property go to my brother only? (This question is most important)

As per Muslim personal law or sharia law, A person cannot bequeath his entire property through will to any beneficiary.  Only 1/3rd share of property ca be bequeathed through a will, hence you will be entitled to a share out of the balance 2/3rd share of property. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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I don't want any share in the property of my parents, except one piece of land that they will gift me for my wedding. I don't want anything else. Do I have to write that on some stamp paper?
My parents can give their property to whomsoever they want, but I don't want to claim anything in that.
What should I do?




When the situation arises, you can relinquish your rights in the property in writing or by executing a registered release deed.
Suppose your father wants to gift some property to you and if you do not want to accept it then you can refuse it orally which will be sufficient and nothing in writing is required to confirm your refusal. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0

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