Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rights of a daughter converted to islam......

(Querist) 06 December 2011 This query is : Resolved 
A hindu lady married a muslim and converted to Islam more than 30 years back. Her father left behind his self-acquired property on his wife's name 13 years back. Now the question is whether the converted-to-islam lady has any legal right on her Hindu father's property via the mother.
DEFENSE ADVOCATE.-firmaction@g (Expert) 06 December 2011
If mother is alive , NO and she will have absolute right of its disposal.
Devajyoti Barman (Expert) 06 December 2011
No , definitely not because of testamentary disposition of her father's self acquired property which has no connection of her religion.
M.Sheik Mohammed Ali (Expert) 06 December 2011
she is not get property until the mother alive.
Shailesh Kr. Shah (Expert) 06 December 2011
After the death of mother, She have right on property, irrespective of fact, she is converted to islam.
Rajeev Kumar (Expert) 06 December 2011
Yes agree with experts
Khaleel Ahmed (Expert) 06 December 2011
She have no legal right over the property left by the father of lady who converted to Islam. However, if terms are good between mother and daughter, it is the will of her mother to give or not to give her the property.
Raj Kumar Makkad (Expert) 06 December 2011
Neither she has any right in the property on today nor can be in future on demise of her mother, if her mother makes any arrangement of the mentioned property as this shall also be a self acquired for her.
mahendrakumar (Expert) 07 December 2011
if her mother dies without leaving any will,she is entitled to her share irrespective of the present religion of her.
J K Agrawal (Expert) 08 December 2011
Dear experts



I support mr Khaleel.



Section 26 of Hindu Succession Act says that the Convert,s descendants are disqualified to inherit a Hindu's property but it is silent about the Convert him/her self.



Section 2 of the Act says that the Act is not applicable to those who are not Hindu. As such the Convert is no longer Hindu so She has no right in her father or mother,s property under this Act nor she get any right under Indian Succession act or Mohemmaden Laws.




It makes no difference that Mother is alive or not. the Covert Muslim has no right what so ever.

It also does not make any difference that the Mother gets property by way of inheritance or by way of a will.



It makes no difference if her father would not make any will and had died intestate.
Dr G V Rao (Querist) 08 December 2011
Heartfelt thanks to all experts. I now understand that the convert does not hold any right to inherit the property. Thanks again. Look forward to repay u all by answering some queries on DNA testing.
V R SHROFF (Expert) 10 December 2011
AGREED WITH EXPERTS:

converted to muslim have no right of her father.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :