KUMARESAN A Man of positive thoughts (CGE) 30 June 2014
A father had one son and three daughters (all Hindus). All the son and daughters were married and one among the three daughters married a Muslim man and became Muslim. The father expired now. The expired father has some properties. Please clarify who are his legal heirs. Whether the legal heirs of the father includes the daughter who married to a Muslim man and that daughter has any claim over the properties of her father?
Adv Archana Deshmukh (Practicing Advocate) 30 June 2014
Yes, the daughter converted to Muslim religion is also the legal heir of her father along with the other children of the father who are still Hindus. She can legally claim her share in the properties left by her father.
Kumar Doab (FIN) 30 June 2014
The individual, who convert himself to other religion from Hinduism, will not forego the right of any inheritance.
The bar for inheritance is only in respect of legal heirs of the convert.
The daughter is descendant of Hindu family, therefore her right as one of the heirs can not be denied to her even if she has converted to Islam.
The children of the convert and their descendants can also get over the disqualification if they reconvert to Hinduism at the time the succession opens.
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