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False documents provided in

My wife is a Christian by birth. In 1994 she married a Muslim man and had taken a Muslim name. She also has a girl child from that marriage with a Muslim name. In 2005, her Muslim husband passed away. She along with her daughter went to live with her biological mother. She continues to use her original Christian name and her daughter has also taken a Christian name. I am a Christian. In 2009, we had a Civil marriage in the State of Maharashtra. This marriage is not registered in any Church till date. We are now separated since 2017 with almost no contact. In 2019, she has executed a Relinqueshment Deed in foavour of her mother which has been registered with the Land Records Department of Maharashtra State. In the Deed, she has given her name as Sou. Muslim name WD/O her Muslim husband's name (name after marriage) & Ku. Muslim name@her Christian name, D/O her father's name. I came across this document in July 2026. Now, (1) what is the legality of this document? (2) What are the legal consequences of this document. Please advice. Thank You, Merwin Thomas


Quick Summary
This discussion addresses the legality of a Relinquishment Deed executed in Maharashtra where the wife used a former Muslim name and identified herself as the widow of her deceased Muslim husband, despite being civilly married to the user since 2009. The deed is considered legally vulnerable due to false declarations of identity and marital status. The user's civil marriage remains valid, and the wife's use of her previous name does not invalidate it or affect legal standing.

 4 Replies

Dr. J C Vashista (Advocate )     07 August 2026

Did she (your partner) covert herself /adopted muslim faith before marriage with a muslim ? 

Name change shall have no legal bearing on any case/ situation.

Relinquishment Deed of which share (how did your wife got the property) has been stated to have been released in favour of her mother? Whether the property was in her maiden / Chritian name or adopted muslim name i.e., Sou?

You have complicated the  facts which involve numerous facts and law applicable on each one of them, redraft it qua facts vis-a-vis your query.

Show the document to a local prudent lawyer for proper appreciation of facts and professional advise.

T. Kalaiselvan, Advocate (Advocate)     07 August 2026

The document is legally vulnerable due to false declarations regarding identity and marital status. By executing the deed using her former alias (her deceased Muslim husband's surname) and asserting status as his widow ("WD/O") while legally married to you in a civil capacity since 2009, she made a false declaration before a public registering authority under Section 82 of the Registration Act, 1908.

The Civil Marriage in 2009 under the Special Marriage Act remains legally valid and binding regardless of whether it was solemnized or registered in a Church. Her misuse of her previous married name does not dissolve your civil marriage, nor does it strip you of your legal standing as her spouse regarding matrimonial assets or future inheritance rights.

P. Venu (Advocate)     07 August 2026

Civil Mariage - Do you mean marriage under Special Marriage Act? 

Even if the marriage is valid and you continue to be her lawful husband, there is legal bar in her relinquishment of rights in favour of her mother; at present you have no rights in her property. Moreover, even if she has used a wrong name, it cannot be said to be impersonation.

Thsi is a case of much ado about nothing!

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