Hindu daughters can’t inherit rights of mother who converted to Islam: Court

In India, Hindu daughters have equal rights as much as the son. They are free to pursue the education of their choice and also decide on who they want to enter into a marital relationship with

New Delhi, Feb 06: A lawsuit filed by three Hindu girls who had sought the retirement benefits of their deceased mother was rejected by a local court in Ahmedabad, Gujarat.

The court observed that since the mother had converted to Islam, her daughters are no longer entitled for any benefit. The court also declared deceased Muslim woman's son as the legitimate heir and said that the daughters were being denied the benefit because they are Hindu and not entitled to any benefit under Islamic law.

Reports said that Ranjan Tripathi had lost her husband, who was a Bharat Sanchar Nigam Ltd (BSNL) employees in 1979. At that the time of his death the lady was pregnant and had two daughters. BSNL offered the woman the job on compassionate grounds, following which she worked as a clerk. The three girls who moved the court were brought up by their paternal family as the woman did not remain with the family for a long time.

The lady after moving out of the family began living with a Muslim man. In 1990 the three daughters filed a lawsuit against their mother alleging abandonment and they went on to win the lawsuit.

After converting to Islam, Ranjan took the name Rehana Malek and got married to the Muslim man in 1995. She had a son with her Muslim husband before she passed away in 2009.

Once she passed away, her three daughters filed a lawsuit in the city civil court seeking their right to her provident fund, gratuity, insurance, leave encashment and other benefits. They said that they are Class 1 heirs because they are herr biological daughters.

The court however noted that according to the law, if the descendant was a Muslim, her Class 1 heirs cannot be Hindus. Only Muslims may be the immediate heirs of a deceased Muslim, the court further noted.

The court held that the daughters are not eligible for inheritance as their mother converted to Islam and the daughters continue to remain Hindus.

Rights of Hindu daughters:

Hindu daughters in India have equal inheritance rights as the sons as per The Hindu Succession (Amendment (Act) 2005. Hindu daughters also have the right to choose their spouse and enter into a marital relationship out of their own will.

They also have the right to own and inherit property, and can also transfer the property by way of gift or sale.

If they are unable to support themselves, Hindu daughters also have the right to maintenance from their parents. Further they also have the right to education and can pursue any course of study of their choice.