succession

awadhesh khadiwala (Querist) 10 September 2008 This query is : Resolved
a hindu male died intestate leaveing 1 son 2 daughter one daughter married with muslim before succession open. wheather daughter married to muslim has right over the property of father

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Kiran Kumar (Expert) 10 September 2008
in my opinion, yes she does have a right now in the property of her father.

pls refer to Sec 6 of the succession Act. (as amended)

Srinivas.B.S.S.T (Expert) 11 September 2008
Sir as per Section 8 of HIndu Succession Act there is a bar on a son who embrace muslim faith
puthiyadath jayamathy VS K.J. Naga Kumar AIR 2001 Ker. 38

Whereas there is no such bar for daughters it was held that if the property was self acquired by the father and father had died intestate the married daughter being the class-I legal heir was entitiled for a share in the property AIR 2004 Kant 430

Adv.Shine Thomas (Expert) 11 September 2008
Under sec.26,Hindu Succession Act convertion is not a disqualification of the heir.

J K Agrawal (Expert) 12 September 2008
Under S 26 of Hindu Succession Act the children of convert are disqualified to inherit ancestral property. It is not clear that if he/she himself is entitled or not. Now some possibilities are that
1. The convert is entitled up to life estate only.
2. As the heirs of convert are not entitle he/she also not.
3. As he/she ceases to be Hindu, Hindu succession act is not applicable so far as it relates to his/her share.
4. As per new amended Hindu Law as per section 6 daughters are having vested interest in property by birth so as per section 14 she is having absolute right by birth so she can carry her share where ever she wish to go.