Who is owner of the property
Guest
(Querist) 21 November 2011
This query is : Resolved
Where a Hindu, who had a hindu wife and children embraced islam and married a Muslim women and had children who has property. Who will become owner of the property after his death his hindu wife and children or muslim wife and children or both
ajay sethi
(Expert) 21 November 2011
whether conversion done without divorcing his hindu wife . ?
it appears conversion done only for purpose of marrying second time then first wife and children together with second wife children would be entitled .
second wife would not be entitled to inherit any property
ajay sethi
(Expert) 21 November 2011
a person who is Hindu has converted to Islam, in order to have a second marriage. However, marriages through religious conversion to get around the provisions of the anti-bigamy law, has been declared illegal by the Supreme Court in a 1995 order.
Case: In Sarla Mudgal v. Union of India (1995 air 1531 SC), the Supreme Court held that a man who has adopted Islam and renounced Hindu religion, marries again without taking divorce from the first wife, then such marriage is not legal. The person shall be punished for committing bigamy under section 494 of Indian Penal Code (IPC).
M/s. Y-not legal services
(Expert) 21 November 2011
Yes. You not statede about the second marriage is after divorced the hindu wife or not.. Without divorce the hindu wife the second marriage is null and void, what ever may be second wife's children also entitled to claim share from deceased father's property. So first wife and both childrens are entitled to claim share. If second marriage after divorced the first wife mean mean the second wife and both childrens are entitled to claim share. First wife can't claim share.
prabhakar singh
(Expert) 21 November 2011
Yes! i agree with opinions expressed.
Raj Kumar Makkad
(Expert) 22 November 2011
I want to make correction in the opinion expressed by tom. If without getting divorce from first wife, any Hindu embraces to Islam then his second wife or her children born out of such marriage shall not be entitled to inherit ancestral property of such person.
Shonee Kapoor
(Expert) 22 November 2011
Agreed with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 25 November 2011
Is it makkad sir! Second wife's children not entitled to claim any share?
