NEW DELHI: Analyzing a non-believer Muslim’s plea for equitably division of property as per secular Indian Succession Act, the Supreme Court docket on Tuesday stated if the court docket allowed such a plea, then it should apply to all residents professing completely different faiths, an eventuality that might see enforcement of uniform succession regulation within the nation.AS solicitor common Tushar Mehta stated this is a crucial difficulty, a bench of CJI Sanjiv Khanna, and Justices Sanjay Kumar and Okay V Viswanathan stated “If we decide to allow such a plea, then it has to apply to all persons across faiths.”“Under the Hindu law, children of a person converting from Hinduism to another religion are barred from inheriting property from any of their Hindu relatives. If we allow the plea of Muslim non-believers to be governed by secular Indian Succession Act, then such categories of persons in all other faiths must also get the same benefit,” the bench stated.The SG stated underneath Part 14 and 15 of the Hindu Succession Act, a girl is absolutely the proprietor of her share of property, and she will bequeath it to anybody via a Will. The CJI-led bench requested the Union govt to file a complete affidavit coping with varied features of regulation arising within the case.The petition filed by social activist Sufiya P M, who can be common secretary NGO ‘Ex-Muslims of Kerala’, stated, “the practices under Sharia law are highly discriminatory towards Muslim women and hence it violates the fundamental Rights guaranteed under the Constitution. The main reason why the Petitioner is not following the tenets of Islam is the discriminatory practices of Sharia law, against women. It will be a failure of justice if the Petitioner is to be governed by Sharia law, even if she officially leaves the religion.”She stated as per Sharia regulation, an individual who leaves Islam can be ousted from her group and never entitled to any inheritance proper of her parental property. Her counsel Prashant Padmanabhan advised the court docket that she has a brother who suffers from down syndrome and that if she left her faith, her daughter wouldn’t get her property.He stated as per Sharia, a daughter will get half of the share of what the sons inherit from the daddy. Thus, on this case, her brother would get two-thirds of her father’s property and she or he simply one-third, despite the fact that she and her father are caring for her brother.If something occurred to the son, then the daddy’s property wouldn’t go to the petitioner or her daughter however to some relative of the daddy as per Sharia regulation. “There is no authority where my father can go and get a declaration that he is a non-believer Muslim and would like to give effect to an equitable succession through ISA,” she stated.The petitioner has sought a declaration that the individuals who don’t wish to be ruled by the Muslim private regulation have to be allowed to be ruled by the secular Indian Succession Act, 1925 each within the case of intestate and testamentary succession.
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