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Pramod (individual)     17 January 2014

Relinquishment

Hi

My name is Pramod and from Hyderabad. Can any one answer the following..

1. If the legal heir changes her religion to Islam, changes her name & marries a muslim , will she be loosing her  right in the ancestors property?

2. If she doesnt want the property then what should be the appropriate way to release her right on the ancestors property ? 

3. If its through relinquishment then what will be the charges for registration / taxation ??

4. How long will this relinquishment stand / valid ??

Thanks

pramod



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     17 January 2014

Yes, she is entitle to inherit ancestor properties. she can relinquish her rights through release deed or relinquishment deed, for registration charges u have chk with local counsel, it has to be registered to have long standing effect.

In this regard lndhra High Court

Shabana Khan vs D.B. Sulochana And Ors. on 24 September, 2007

Equivalent citations: 2008 (2) ALD

t is not disputed that the appellant, who was the second petitioner before the trial Court, converted herself into Islam and married Sri Anwarullah Khan on 1.2.1981, while her father Sri D. Balakrishna died on 16.5.1998. The trial Court construed the effect of Section 26 of the Act, as disentitling her to the succession of the property of her father because of her conversion. However, the language of Section 26 of the Act is explicit and clear that the disinheritance due to conversion of a Hindu to another religion is only in respect of the children bom to him or her after such conversion, but not in respect of converting herself or himself. It is obvious that this statutory provision was misread as disinheriting the second petitioner/appellant also contrary to the admitted facts.

 

T. Kalaiselvan, Advocate (Advocate)     17 January 2014

Yes, Advocate Raghavan is right, I agree with him.  If you are entitled to a share in the ancestral property, you can very well relinquish your right of share and interest in the said ancestral property by executing a release deed in favor of any other shareholder.  Converting to any other religion will not debar you from claiming your legitimate share in the ancestral property and without a release deed or you taking possession of your share, it will remain un-disposed in the eyes of law.


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