LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shivaram Venkat (Company Secretary)     09 March 2012

Need citation of few cases for this scenario

Muslim male marries a Hindu female.  They first marry in Islam style and then also in Hindu style (saptapadhi).  Now, they live together and after 5 years they are blessed with a male child.  The husband dies due to accident (without writing a will).  Wife is left with none other than the minor child.  The husband during employment, out of his savings had bought a site and few acres of land.  Now, can the wife claim that self- acquired property of the deceased husband?  Minor son will 100% get a share (i presume).  But what about the wife?  Parents of the husband claim that marriage was void and hence wife will not get any share.  Is that contention true?

Wife goes to court claiming she had a live-in relationship with the muslim man and tries claiming the property.  However, the court dismisses (lower court and high court) the case of wife.  Can she claim the property? 


Please help me solve this case with few citations.





 1 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 March 2012

Both marriages are illegal.


The property would devolve as per Muslim Succession Act.





Shonee Kapoor

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register