A 33-year-old has moved to the court to claim her right to her deceased father’s property. What causes hurdle is the fact that she converted to Islam while marrying the second time. Her two elder brothers have not only disowned her but also stopped giving remuneration from the ancestral property.
Sonia lost her father in 2010. A year later her first husband also passed away due to blood cancer. Her brothers decided to divide their father’s property in Ashok Nagar equally among three of them and told Sonia that they will give her monthly remuneration from the property.
Sonia who had a seven-year-old daughter from the first husband claims that she agreed to it as she did not have any other source of income.
She met her husband Hasan in 2012 and fell in love with him. Both of them decided to tell their families about each other. While Hasan managed to convince his family to accept a Hindu bride, Sonia’s brothers refused and even disowned her. From her second marriage, Sonia has a three-year-old son.
Sonia is seeking the court’s direction to declare her one-third owner of the property in Shahdara, Ashok Nagar, in east Delhi. Her brothers say she cannot claim any right in the property belonging to a Hindu family after she converted.
The woman, in her suit filed through advocate Amit Kumar, says her brothers played fraud with her and executed a false deed of her share in the property in their name.
When their father and mother died in 2010 and 2008 respectively, the three siblings became joint owners of the undivided property worth Rs 20 lakh as on date, she says.
She claims in the suit that in 2012 her brothers took her to the office of sub-registrar under the pretext of getting the property divided into three equal shares and she blindly signed the documents in good faith.
Initially, she was getting her share of the rent collected from tenants of the property. However, after her second marriage, this became infrequent on one pretext or the other. Later, they stopped giving her any money at all, she says.
In August 2015, the brothers denied her share in the property. And in July last year, they allegedly illegally tried to sell the property, she claims.
In their response to the suit, the two brothers say their sister was disqualified from inheriting any portion of the property under the provisions of the Hindu Succession Act as she has converted to Islam after marrying a Muslim man and has a child from this marriage.
They have sought dismissal of the suit as she ceased to be a Hindu now and claim that they have committed no fraud.
The woman has also filed a criminal complaint against her brothers in the Karkardooma court for alleged offences of cheating, criminal conspiracy and forgery.
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