hindu joint family property for female child who is married to a Muslim
Avin
(Querist) 01 October 2010
This query is : Resolved
wanted to know about the right in hindu joint family property in capacity of a daughter to a lawful marriage between MR.X and Ms.Y
the fact s are as under MR X Y got married30-32yrs ago due to some reasons they got seperated by divorce after 5 years and later on after 6months of divorce a girl was born to the wife y
mr y came to know about this later on Ms y remained unmarried and worked with NGO
later Mr X got married and has 2 children
later the girl born to MsY got married with a Muslim boy and later sent a legal notice to MrX for the share in the hindu joint family property
Mr X at the family court denied the girl as his daughter and the court asked to do DNA which Mrx Refused court declared the girl as legitimate daughter of MrX and granted the rights in coparcenery share in the joint family propert of Mr X
Mr x has declared the property in INcome Tax returns worthRs 5 crores and further inherited from his father ..
I Am MR X kindly guide me as to whwther the right in property can be refused and can I challenge this order in the HIgh Court
s.subramanian
(Expert) 01 October 2010
If the properties are Joint Family properties, then Y is entitled to a share. You have to give it. If you file an appeal in High court it will drag on for sometime more.
R.Ramachandran
(Expert) 01 October 2010
I am afraid this is not the legal position. Only hindus can be members of a Joint Hindu Family. The moment any one adopts any other religion, he/she would be automatically thrown out of the JHF and would not be entitled to any interest in the JHF. As such the question of getting any share does not arise.
It would be a different matter, if first one demands partition and obtains one shares through that partition and then gets converted to another religion.
VENKATRAMAN SHRINIVAS
(Expert) 02 October 2010
Right to succession of ancestral property was conferred only by amendment made to the Hindu Succession Act, with particular reference to section 6 thereof. As th very had suggests, it applies only to Hindus a the relevant point of time. The amendment was from 2005. Once a person renounces the Hindu religion he or sh is an aphostate. Hence Mr.X can challenge the decree and he is bound to succeed legally.
Madan Gopal Dasaur
(Expert) 03 November 2010
I agree ,well legal advise given Ld. VENKATRAMN SHRINIVAS
