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Mint
3 days ago
- General
- Mint
My parents' marriage was not valid under Hindu law. Can I inherit property from my late father?
If you were born out of a void marriage or a voidable marriage that was annulled, you would have a share in the inheritance of your late father's properties as per Hindu law. The Hindu Marriage Act, 1955 (HMA) confers legitimacy upon children born out of such void or voidable marriages. A void marriage has no legal status from the outset (e.g., if a party has a spouse at the time of the marriage); whereas a voidable marriage is considered valid until it is annulled by court decree (e.g., if a party was incapable of giving valid consent to marriage owing to unsoundness of mind). Accordingly, under the HMA, you would be treated as the 'legitimate' child of your parents as if the marriage had been valid, and would have rights in your late father's properties in the same manner as any other child born to your father from his subsequent valid marriage. However, this does not confer on you rights in relation to the property of other relatives such as your grandparents (unless they specifically name you as a legatee in their will). With respect to ancestral/HUF property, you will not be considered as a coparcener even though your father may have been the karta or coparcener. Your rights (shared with other legal heirs) are limited to your father's share in such joint family/HUF property, which would be ascertained as if a notional partition of such property had taken place immediately before his death. This is assuming that your father belonged to a joint Hindu family governed by Mitakshara law. This position on the inheritance rights of a child born from a void or voidable Hindu marriage who is deemed to be 'legitimate' under the HMA differs from that of 'illegitimate children' under the Hindu Succession Act, 1956 (HSA). Under the HSA, 'illegitimate children' are deemed to be related to their mother and to one another and therefore can inherit only from the mother and not the father. This does not apply in your case, given your status as a child born from a marriage that is void or voidable. Please consult a lawyer to understand the application of these general legal principles to the facts and circumstances of your case. Shaishavi Kadakia is a partner and Sachi Shah is a Senior Associate at Cyril Amarchand Mangaldas, Mumbai.
Mint
22-05-2025
- Politics
- Mint
What are the rules around wills when a Muslim marries a non-Muslim?
In India, Muslims are governed by personal law in matters relating to making of wills and succession. Under Muslim personal law, there are restrictions on the share of the estate that can be bequeathed under the will, and the eligible beneficiaries. Muslims are not permitted to bequeath more than one-third of their estate by way of a will. The remaining two-thirds of the estate is inherited by legal heirs as per Muslim law. Also, the bequest cannot be made to an heir under the will. However, heirs may consent, after the death of the testator, to a bequest of more than one-third of the estate. These rules apply to both men and women. While you are Sunni, the rules for Shias are broadly similar, with some nuances, such as on timing of consent of heirs. Individuals of other faiths in India are governed by the provisions of the Indian Succession Act, 1925 (ISA) in matters relating to the making of wills, and are permitted to bequeath their entire estate. The situation is different for Muslims whose marriage has been solemnised and registered under the Special Marriage Act, 1954 (SMA) and not as per Islamic rituals. For such individuals, ISA and not Muslim law applies to wills and other succession-related matters. Since you have entered into an inter-faith marriage with a non-Muslim, it is presumed that your marriage was solemnised under the SMA. If so, you are governed by the ISA Act when it comes to making a will. Accordingly, you may make a will for your entire estate as per the ISA, without the need for your heirs to consent. Your non-Muslim spouse will also be able to make a will for his entire estate, as his position would not have change due to marriage. Generally, it is recommended that you engage a qualified lawyer to ensure that a comprehensive, legally sound, and bespoke will is prepared. Note that certain states such as Uttarakhand and Goa have specific succession laws. You should seek advice if you're resident or domiciled in such states. Shaishavi Kadakia is a partner and Naomi Manoj is an associate at Cyril Amarchand Mangaldas, Mumbai.
