PROPERTY INHERITANCE IN SPECIAL CASES
02-Sep-2023 (In Property Law)
A Hindu woman marries a Muslim man. Even after marriage, she practices Hinduism and does not convert to Islam. She has 3 children(2 boys and 1 girl). All 3 children grow as Muslims with Muslim names. Her Muslim husband gifts all his properties to his wife. Now, how the property of the Hindu mother, which she received as a gift from her husband, will be divided among her children ? Will it be in accordance with property division of Hindu Law or Muslim Law as her children are Muslims (or) does the religion of the children matter ?
How was the marriage solemnised; was it under the Special Marriages Act? How was the property gifted to the wife; was it by way of a registered gift deed? Please clarify so that proper advice could be offered.
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