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Awni Ranjan (Online Corporate Trainer )     23 January 2021

Muslim widow of a hindu husband : succession

FACTS : A Hindu Man married a Foreigner Muslim Woman under Special Marriage Act 1954. (1) The place of marriage was in India (2) The marriage was duly registered as per the Act (3) Neither the Husband nor the wife changed their respective religion (4) Both are happily married QUERY: Q.1. Since one parent ( wife ) is a Muslim then what will be the religion of their child ( yet to be born ) (i) A Hindu OR A Muslim , (ii) It is understand that if one parent is Muslim then the born child will be compulsorily a Muslim only Q.2. If the Hindu husband dies intestate then (i) What will be the share of surviving Muslim wife in the property of the deceased Hindu husband , in case no child was born (ii) What will be the share of surviving Muslim wife in the property of the deceased Hindu husband , in case there is a major boy and a major girl as their children PLEASE examine the applicability of (a) Hindu Succession Act 1956 , (b) Muslim Personal Law Act 1937 ( Shariat ) Thanks


 4 Replies

G.L.N. Prasad (Retired employee.)     24 January 2021

The simple answer is the deceased religion personal laws apply to other legal heirs.  In general, the father's religion is the religion of children and however, after attaining majority, the children may follow such religion as they may like.

1 Like

Dr J C Vashista (Lawyer)     27 January 2021

Indian society is generally patriachal for succession of a child, accordingly the child shall suceed as per the provisions of Hindu Succession Act, 1955.

Similarly widow shall succeed intestate property of deceased.

What is your concern / dispute / locus standi to the question paper ?

Awni Ranjan (Online Corporate Trainer )     02 February 2021

BACKGROUND

Husband is a Hindu and wife is a Indian born French Muslim and the marriage was solemnized in India and registered under Special Marriage Act 1954 by the sub registrar. None has changed religion. None has written any Will and / or  Gift Deed. 

Under these circumstances who will get house property and share when 

Q. 1 . HUSBAND's fixed assets / house property if he dies intestate 
Q.2 . Wife's fixed assets / house property if she dies intestate

 

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