Hindu Husband and Muslim Wife
G. ARAVINTHAN
(Querist) 30 March 2010
This query is : Resolved
A Hindu man marries a Muslim woman under Special Marriage Act and the not convert their religion.
Both work and purchased self acquired properties.
They gave birth to three children- 2 male and 1 female. One boy was brought as christian and other boy and girl as muslim.
What is the inheritance of the property if husband or wife or both die?
Raj Kumar Makkad
(Expert) 30 March 2010
The religion of husband shall be taken into consideration while disposing off his properties after his death and same shall be position with regard to his wife.
In case of death of husband his widow and all 3 children shall get equal share out of properties left by him intestate whereas in case of death of his wife her properties shall devolve in his husband and both sons in equal share and daughter shall not be entitled to inherit any share therein.
Parthasarathi Loganathan
(Expert) 30 March 2010
Yes I completely agree with Makkadji and wish to add that it should never contravene the provisions of Special Marraige Act
