Nueva Delhi: Examine the supplication of a unbeliever Muslim by the equitable property division according to the secular Indian succession lawThe Supreme Court said Tuesday that if the court allowed such a statement, then all citizens who profess different religions, an event that could see the application of the uniform succession law in the country should be applied.
As the general lawyer Tushar Mehta said that this is an important issue, a Bank of CJI Sanjiv Khanna, and Judges Sanjay Kumar and Kv Viswanathan said “if we decide to allow such a plea, then it has to apply to all people in all religions” .
“According to Hindu law, the children of a person who converts from Hinduism to another religion is prohibited from inheriting the property of any of their Hindu relatives. If we allow Muslim non -believers supplication to be governed by the Sucular Succession Law, then such categories of people in all other religions must also obtain the same benefit, ”said the bank.
The SG said under section 14 and 15 of the Hindu succession law, a woman is the absolute owner on her part of the property, and can bequeathed to anyone through a will. The Bank led by CJI asked the Government of the Union to present a comprehensive affidavit that deals with several aspects of the law that arise in the case.
The request presented by the social activist Sufiya PM, who is also the general secretary of the NGO ‘former Muslims of Kerala,’ said: “The practices under the law of Sharia are highly discriminatory towards Muslim women and, therefore, Viola the fundamental rights guaranteed by the Constitution. govern by the law of Sharia, even if she officially leaves religion. “
He said that according to Sharia’s law, a person who leaves Islam would be overthrown to his community and has no right to any right to inherit his parental property. His Prashant Padmanabhan Council told the court that he has a brother who suffers from Down syndrome and that if he left his religion, his daughter would not get his property.
He said that according to Sharia, a daughter gets half of the part of what the children inherit from the father. Therefore, in this case, her brother would get two thirds of her father’s property and she only one third, even though she and her father take care of her brother.
If something happened to the son, then the property of the father would not go to his daughter, but to some father’s relative according to Sharia’s law. “There is no authority that my father can go and obtain a statement that he is a non -believer Muslim and would like to give effect to an equitable succession through Isa,” he said.
The petitioner has sought a statement that people who do not want to be governed by Muslim personal law must be governed by the Law of Succession of Secular India, 1925 both in the case of intestate and testamentary succession.
