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cyberlawyer (barrister)     20 November 2022

Muslim father and hindu mother - inheritance query

Hello learned members. 

Can child born from the wedlock between Muslim Father and Hindu Mother claim right in the ancestral or joint family property of the Muslim Father ?. Is there any citations in this regard ? 

Thanks



Learning

 11 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 November 2022

Was the marriage of Muslim and Hindu under the Special Marriages Act?

cyberlawyer (barrister)     20 November 2022

No Sir. Special Marriages Act will not apply as first wife was living at the time of the marriage.

Dr J C Vashista (Advocate)     21 November 2022

Personal Succession Laws of father shall govern subject matter.

Citations have to be search by you as per your specific requirement / applicable in the case.

Real Soul.... (LEGAL)     21 November 2022

obvaiously the right od children in fathers property is there, the inheritance of proeprty shall be as per Mulsim Personal, and the kids will get their share as per that.

cyberlawyer (barrister)     21 November 2022

Thank you sirs.

Shashi Dhara   21 November 2022

Muslim law does not recognise joint family or birth right of ancestral property ,so child cannot claim any share  from father's property .

P. Venu (Advocate)     24 November 2022

Under Muslim Law, inheritance opens up only after the lifetime of the holder of the property. The concept of Joint or ancestral property is unknown to Mohammedan Law.

cyberlawyer (barrister)     25 November 2022

@P.Venu - Thank you Sir,

The father as well as his Hindu second wife have expired. The father and his brothers have properties settled in their favour by their father and these properties are not partitioned yet. My question is, can the children of the Hindu second wife claim share in that property (aforesaid property settled by grandfather in favour of father) ?. Hope its clear now. 

Shashi Dhara   25 November 2022

No  child cannot claim any share  from fathers property ,it can claim only maintenance.

cyberlawyer (barrister)     25 November 2022

Sir they are not children and they are adults.

P. Venu (Advocate)     26 November 2022

The children have rights vested in the property settled in favour of their father.


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