probate of will in delhi

Posts

Hindu Daughter After Converting to Islam Does Not Lose Inheritance Right

February 25, 2025/in Blog /by legal-web-admin

In India, questions about inheritance rights often arise when a person converts from one religion to another. One common misconception is that a Hindu daughter who converts to Islam loses her right to inherit property from her Hindu family. However, Indian courts have consistently ruled that conversion does not strip a person of their inheritance rights under Hindu personal laws. This article explores the legal position with relevant case laws and judicial precedents.

Legal Framework for Hindu Inheritance

Inheritance among Hindus is governed primarily by the Hindu Succession Act, 1956 (HSA), which applies to Hindus, Buddhists, Jains, and Sikhs. Section 2 of the HSA clarifies its applicability, while Sections 8 and 15 govern the inheritance rights of Hindu males and females, respectively.

A key question is whether a Hindu daughter who converts to Islam (or any other religion) loses her right to inherit ancestral or self-acquired property under the HSA. The answer, as per judicial interpretation, is No.

Conversion and Its Effect on Inheritance

Conversion Does Not Affect Succession Rights

The Hindu Succession Act, 1956, does not explicitly bar a convert from inheriting property. There is no provision in the Act that states that a person ceases to be a legal heir due to religious conversion. Courts have reinforced this view over the years.

Case Laws Supporting the Right to Inherit

(i) Smt. Fatima Bibi v. Jaffar Hussain & Others[1]

The Madras High Court held that a Hindu daughter who converts to Islam is still entitled to inherit her father’s property under the HSA, unless explicitly disqualified by a valid law.

(ii) Sarla Mudgal v. Union of India[2]

While this case primarily addressed bigamy after religious conversion, the Supreme Court observed that mere conversion to Islam does not affect inheritance rights under Hindu personal laws.

(iii) Prakash v. Phulavati[3]

The Supreme Court ruled on the retrospective application of the Hindu Succession (Amendment) Act, 2005, and reaffirmed that a daughter—whether converted or not—has equal rights in ancestral property.

(iv) Munni Devi v. Chamanlal[4]

The Allahabad High Court ruled that a Hindu convert to Islam remains entitled to her share of the inherited property, as long as she was a Hindu at the time of succession opening.

Exception: Disqualification Under Customary Law

While the HSA does not disqualify a convert from inheriting property, some customary Hindu laws may impose restrictions. For example, certain Mitakshara or Dayabhaga customary traditions disallow inheritance rights upon conversion. However, such customs must be proven in court and cannot override statutory law.

Muslim Law Perspective on Inherited Property

Once a Hindu daughter converts to Islam and inherits property, her share is governed by Muslim personal law (Sharia). If she dies intestate (without a will), her Muslim heirs—such as her children—will inherit according to Islamic law. However, the inheritance rights granted to her under Hindu law remain valid even after conversion.

Conclusion

The notion that a Hindu daughter loses her inheritance rights upon conversion to Islam is legally incorrect. The Hindu Succession Act, 1956, does not contain any provision disqualifying a convert from inheriting property. Indian courts, through various judgments, have upheld the principle that conversion does not extinguish inheritance rights. Unless there is a proven and valid custom barring inheritance upon conversion, a Hindu daughter continues to be a legal heir to her father’s property even after embracing Islam.

Key Takeaways:

✅ Conversion to Islam does not disqualify a Hindu daughter from inheriting property.

✅ The Hindu Succession Act, 1956, governs inheritance, and no provision bars a convert from inheriting.

✅ Courts have consistently upheld a daughter’s right to inherit property despite conversion.

✅ The only exception applies if a well-established and proven Hindu custom explicitly disqualifies a convert.

Thus, a Hindu daughter’s right to inheritance remains intact, irrespective of her change in faith.

[1] 2009 SCC Online Mad 1465.

[2] 1995 AIR 1531, 1995 SCC (3) 635.

[3] 2016 2 SCC 36.

[4] AIR 1970 All 211.

‘Will Is Validy Executed’ Doesn’t Mean ‘Will Is Genuine’

January 23, 2025/in Blog /by legal-web-admin

On January 3, 2025, the Supreme Court of India issued a significant ruling addressing the distinction between the valid execution of a Will and its genuineness. The Court observed that proving the execution of a Will as per Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, does not automatically establish its genuineness. This decision arose in the case of Lilian Coelho & Ors. v. Myra Philomena Coalho.[1]

Case Background

Myra Philomena Coalho (plaintiff) filed a petition seeking Letters of Administration (LOA) for the Will of her deceased mother, Mrs. Maria Francisca Coelho.
The Single Judge Bench of the Bombay High Court held that the Will was validly executed but dismissed the suit, citing suspicious circumstances surrounding the Will.
The Division Bench overturned the Single Judge’s findings, stating that the Will was validly executed and genuine. The case was decreed in favor of the plaintiff.
The matter was taken to the Supreme Court, where a Bench comprising Justices C.T. Ravikumar and Sudhanshu Dhulia clarified critical legal principles regarding Wills.

Supreme Court’s Key Observations

Validity vs. Genuineness of Wills

The Court emphasized that the valid execution of a Will and its genuineness are distinct concepts.

It noted: “Holding that a ‘Will is validly executed’ and a ‘Will is genuine’ cannot be said to be the same. Even if execution is established, the Court must evaluate any suspicious circumstances.”

The Court reiterated its duty to call upon the propounder to address and clarify any suspicious circumstances.

It cited earlier rulings, including Derek A.C. Lobo v. Ulric M.A. Lobo (2023) and Kavita Kanwar v. Pamela Mehta & Ors., to affirm:

“It is the irrecusable duty of the Court to require the propounder to remove such suspicious circumstances to satisfy its conscience.”

Division Bench’s Error

The Court criticized the Division Bench for presuming the genuineness of the Will without evaluating the suspicious circumstances raised by the Single Judge.

It observed: “The Division Bench’s decision overlooked the fact that the findings of the Single Judge did not pertain to the genuineness of the Will but only its execution.”

The Supreme Court rejected the Division Bench’s conclusion that the Will was genuine and upheld the Single Judge’s reasoned approach.

Clarifications on Legal Principles

The Court highlighted that the absence of a finding on genuineness in the Division Bench’s ruling rendered it untenable. It clarified that even a validly executed Will can be rejected if the propounder fails to explain suspicious circumstances satisfactorily.

Conclusion

Therefore, the Supreme Court observed that once the execution of the will is proved as per Section 63 of the Indian Succession Act and Section 68 of the Evidence Act, then it shall be the ‘irrecusable duty’ of Court to call upon a propounder (person presenting the will before the Court for approval) to remove any raised suspicious circumstances.

[1] Civil Appeal No. 7198 of 2009.

Understanding Probate: A Complete Guide to Will Execution and Legal Processes

January 22, 2025/in Blog /by legal-web-admin

Will is a legal document that specifies the person’s intention and wishes, which needs to be performed after his/her death. The maker of the will is known as the testator/testatrix, and it can be revoked only during his/her lifetime whereas a Probate is defined under the Indian Succession Act, 1925 as – “A copy of will certified under the seal of the court of competent jurisdiction with a grant of administration of the estate of the testator”.

The person who makes a will expresses his wishes to be executed after his death by certain persons named in the will. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. It is necessary if the will is for immovable assets in multiple states. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will.

Under the Indian Succession Act 1925, probate is mandatory when all the below conditions are fulfilled-

A Will within the geographical limits of the state of West Bengal and municipal limits of the metro cities of Chennai and Mumbai.
The Will is made by a Hindu, Jain, Sikh or Buddhist residing in the state of West Bengal, Chennai or Mumbai.
The Will deals with movable and/or immovable property situated in the state of West Bengal, Chennai or Mumbai.

Although the probate of the will is not mandatory in all other cases, it is advisable to obtain probate in cases where there is a probability of the validity of the will being challenged on any grounds in the future.

How to apply for probate of a will?

The following is the process for obtaining the probate of a will-

The executor of the will is required to file a petition and the original will to the court for grant of probate.
In the petition, the executor (who will be the petitioner in the case) has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them.
The executor will have to pay the applicable court fees depending upon the value of the assets.
The petition must be filed before a competent court. The pecuniary jurisdiction (Jurisdiction of the court depends on the petition’s monetary value) may require a higher court to issue probate for high-value immovable assets through an advocate.
The next step is that the court asks the petitioner to establish the testator’s proof of death, proof that the testator’s will has been validly executed and confirm that this is the last will of the deceased.
Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public.
If there are no objections, then the court grants the probate.
If there are objections, then the probate petition becomes the original suit, and the parties will have to lead evidence and argue the matter. The court will pass judgment in the probate suit based on the evidence and arguments.
The cost of obtaining probate varies from state to state as the District Court grants it. The fees depend on the value of the assets, which are the subject matter of the petition. In addition to court fees, the petitioner also has to bear the lawyer’s fees. These costs will be borne out of the estate of the deceased.

Why is the probate of a will necessary?

Probate is necessary when an estate’s assets are solely in the name of the deceased person. Probate of a will is necessary to transfer the estate’s property into the name of the beneficiaries.

Which is the competent court to file for the probate of will?

The executor of the will can file for the probate of the will in the state in which the deceased person was living at the time of death. Thus, the competent court to file probate proceedings is the district court of the city/town where the deceased lived at the time of death.

What assets are subject to probate?

Probate assets are any assets that are owned solely by the deceased person. It can include real property whose title is solely in the name of the deceased person or held as a tenant in common. Personal properties such as furniture, jewellery, and automobiles can be included too.

Can a will be probated before death in India?

A will cannot be probated before the death of the person making the will. The executor of the will should file for probate only upon the death of the testator (maker) of the will.

Who is an executor of a will?

An executor is a person who is responsible for the execution of the will, i.e. for distributing the asset of the deceased person as per his/her wishes. It is not mandatory to name an executor in the will. However, to ensure that the will is executed as per the deceased person’s wishes and interpreted correctly, it is advisable to name an executor.

Who can apply for probate when there is no executor mentioned in a will?

When the testator does not appoint or mention an executor in a will, the legal heirs of the testator can appoint a person as the administrator of a will. The administrator will have all the rights of the executor to dispose of the property mentioned in the will. When the legal heirs are not able to decide on a person to appoint as an administrator, any one of the legal heirs of the testator can apply to the court for appointing a person as an administrator of the will.

Empowering Delhi’s Unauthorized Colonies: The PM UDAY Yojana Revolution

October 4, 2024/in Blog /by legal-web-admin

Are you a resident of Delhi living in an unauthorized colony? Do you struggle with the uncertainty of ownership and lack of basic amenities? The Pradhan Mantri Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM UDAY) is here to change that!

What is PM UDAY?

Launched in 2019, PM UDAY aims to regularize over 1,700 unauthorized colonies in Delhi, benefiting approximately 50 lakh residents ¹. This initiative provides a legitimate ownership pathway, addressing long-standing issues faced by residents.

Key Benefits

Ownership Rights: Secure your property with legitimate ownership documents.
Improved Infrastructure: Access to basic amenities like water, electricity, and sanitation.
Enhanced Livelihood: Boost to local economy and job opportunities.

Eligibility and Registration

To apply, follow these simple steps:

Online Registration: Visit the PM UDAY portal and register with required documents ¹.
GIS Mapping: Get your property geo-tagged by authorized agencies.
Document Submission: Upload necessary documents, including possession and payment proofs.

Fees and Charges

Nominal Fees: Calculated based on property size and type ¹.
Concessions: Available for economically weaker sections.

Progress and Impact

As of March 2024, over 4.75 lakh applications have been received, with efforts to increase participation ¹. The scheme has already granted ownership rights to over 7,300 families, transforming lives and communities.

Additional Initiatives

The government has also launched complementary schemes:

‘Jahan Jhuggi Wahin Makaan’: Affordable housing for slum dwellers.
DDA Land Pooling Policy: Development of unauthorized colonies.

PM UDAY Yojana is a game-changer for Delhi’s unauthorized colonies. With its focus on ownership rights, infrastructure development, and economic growth, this initiative empowers residents and transforms communities. Take advantage of this opportunity to secure your future and improve your quality of life.

Property Consultant Website | property registration in gurgaun | Top Lawyers For Property Case in Delhi

Understanding a Wife’s Property Rights After Divorce in India: A Simple Guide

September 9, 2024/in Blog /by legal-web-admin

Getting divorced is tough, and figuring out who gets what can be confusing. In India, the laws about property rights for wives after divorce have changed over time. Let’s break it down in simple terms.

First, it’s important to know that different religious groups in India follow different laws for marriage and divorce. But there are some general rules that apply to most cases.

One key thing to remember is that a wife has the right to keep any property that belongs to her. This includes things she owned before getting married, gifts she received during the marriage, and anything she bought with her own money. No one can take these away from her, not even her ex-husband.

Another important point is about the house where the couple lived together, often called the “matrimonial home.” Even if the wife’s name isn’t on the property papers, she might have the right to live there for some time after the divorce. This is especially true if she has nowhere else to go or if she’s taking care of the children.

In recent years, Indian courts have started recognizing something called “stridhan.” This means any gifts or money given to the wife by her family, friends, or even her husband during the wedding or marriage. Stridhan belongs only to the wife, and she has full rights over it after a divorce.

But what about the property that the couple bought together during their marriage? This can get tricky. The law doesn’t automatically split everything 50-50. Instead, the court looks at things like how long the marriage lasted, who earned what, and who contributed to buying the property. They try to make a fair decision based on each case.

Sometimes, a wife might be entitled to get money from her ex-husband to help her live after the divorce. This is called “alimony” or “maintenance.” The amount depends on things like how much the husband earns and what the wife needs to live comfortably.

It’s also worth noting that if the couple has children, the parent who takes care of the kids (often the mother) might get to use or live in certain property to help raise the children, even if they don’t own it outright.

One last important thing: these rights apply whether the divorce happens by mutual agreement or if it’s contested in court. A wife can’t be forced to give up her property rights just because her husband wants a divorce.

Divorce is never easy, but knowing your rights can help make the process a bit less stressful. If you’re going through a divorce in India, it’s always a good idea to talk to a lawyer who can give you specific advice about your situation.

Property Consultant | property registration in gurgaun | Top Lawyers For Property Case in Delhi