An Ahmedabad civil court dismissed a suit filed by a Hindu man seeking declaration that his Muslim brother was not entitled to a share in their parents’ property because he had converted to Islam and was disinherited by their parents.
The case involved Kamal Sathwara and his younger brother, Julesh alias Junaid Sathwara, who converted to Islam and married a Muslim woman.The property under dispute was a house bought by their father, Manharlal. After his death, the property passed to their mother, who died in 2009. A third brother and his wife also died, leaving 2 claimants to the property.
In 2011, Kamal filed the suit stating that his brother’s decision to embrace Islam and marry a Muslim woman had upset their parents, who had disinherited him (Junaid) and instructed the family members to cut ties with him. Junaid had also severed all ties with the family, Kamal said. Plaintiff said he was in possession of the house since their mother’s death, and sought a permanent injunction that Junaid had no say in the property. Junaid opposed the claims about his relation with their parents after conversion. He died in 2020 while suit was pending, but had made a will granting his wife & daughter his share of the property.
Court said plaintiff could not claim exclusive rights over the property in absence of his father’s will. He also could not prove that his Muslim brother was not entitled to a share, as section 26 did not disqualify a Hindu from succession merely on conversion to another religion.
The case involved Kamal Sathwara and his younger brother, Julesh alias Junaid Sathwara, who converted to Islam and married a Muslim woman.The property under dispute was a house bought by their father, Manharlal. After his death, the property passed to their mother, who died in 2009. A third brother and his wife also died, leaving 2 claimants to the property.
In 2011, Kamal filed the suit stating that his brother’s decision to embrace Islam and marry a Muslim woman had upset their parents, who had disinherited him (Junaid) and instructed the family members to cut ties with him. Junaid had also severed all ties with the family, Kamal said. Plaintiff said he was in possession of the house since their mother’s death, and sought a permanent injunction that Junaid had no say in the property. Junaid opposed the claims about his relation with their parents after conversion. He died in 2020 while suit was pending, but had made a will granting his wife & daughter his share of the property.
Court said plaintiff could not claim exclusive rights over the property in absence of his father’s will. He also could not prove that his Muslim brother was not entitled to a share, as section 26 did not disqualify a Hindu from succession merely on conversion to another religion.