An Ahmedabad civil courtroom dismissed a go well with filed by a Hindu man in search of declaration that his Muslim brother was not entitled to a share of their dad and mom’ property as a result of he had transformed to Islam and was disinherited by their dad and mom.
The case concerned Kamal Sathwara and his youthful brother, Julesh alias Junaid Sathwara, who transformed to Islam and married a Muslim lady.The property below dispute was a home purchased by their father, Manharlal. After his demise, the property handed to their mom, who died in 2009. A 3rd brother and his spouse additionally died, leaving 2 claimants to the property.
In 2011, Kamal filed the go well with stating that his brother’s choice to embrace Islam and marry a Muslim lady had upset their dad and mom, who had disinherited him (Junaid) and instructed the members of the family to chop ties with him. Junaid had additionally severed all ties with the household, Kamal stated. Plaintiff stated he was in possession of the home since their mom’s demise, and sought a everlasting injunction that Junaid had no say within the property. Junaid opposed the claims about his relation with their dad and mom after conversion. He died in 2020 whereas go well with was pending, however had made a will granting his spouse & daughter his share of the property.
Courtroom stated plaintiff couldn’t declare unique rights over the property in absence of his father’s will. He additionally couldn’t show that his Muslim brother was not entitled to a share, as part 26 didn’t disqualify a Hindu from succession merely on conversion to a different faith.
The case concerned Kamal Sathwara and his youthful brother, Julesh alias Junaid Sathwara, who transformed to Islam and married a Muslim lady.The property below dispute was a home purchased by their father, Manharlal. After his demise, the property handed to their mom, who died in 2009. A 3rd brother and his spouse additionally died, leaving 2 claimants to the property.
In 2011, Kamal filed the go well with stating that his brother’s choice to embrace Islam and marry a Muslim lady had upset their dad and mom, who had disinherited him (Junaid) and instructed the members of the family to chop ties with him. Junaid had additionally severed all ties with the household, Kamal stated. Plaintiff stated he was in possession of the home since their mom’s demise, and sought a everlasting injunction that Junaid had no say within the property. Junaid opposed the claims about his relation with their dad and mom after conversion. He died in 2020 whereas go well with was pending, however had made a will granting his spouse & daughter his share of the property.
Courtroom stated plaintiff couldn’t declare unique rights over the property in absence of his father’s will. He additionally couldn’t show that his Muslim brother was not entitled to a share, as part 26 didn’t disqualify a Hindu from succession merely on conversion to a different faith.
