Balchand Jairamdas Lalwant vs Naznee Khalid Qureshi
Bombay High Court
Women who are Converted to Islam can have claim over Hindu Father’s Property.
Bombay high court, while disposing a property dispute case has observed that a hindu who got converted to Islam can be entitled to his/ her father’s property if father died Intestate.
It was when the appeal of Balchand Jairamdas Lalwant against a trial court order , the high court has said that Nazneen Khalid Quereshi , ( converted to islam in 1979 ) has the right in the properties left behind by her father.
Nazneen who converted to islam in 1979, had filed a case in the lower court in 2010 seeking injunction restraining her brother from creating third party right of whatever nature in in respect of the suit premises. She was stating that the suit flat and one shop is a property of her deceased father. But now her brother balchand has sold shop after father’s death and now he wants to sell the flat also . Nazneen stressed that she being daughter has right in the said property. But his brother was telling the court that she got married to muslim in year 1979 and her religion is changed now.
So, she lost right in suit property. Further trial court passed order in favour of nazeen, which was later challenged in the high court by her brother.
High Court held that trial court has rightly passed the order of injunction against the appellant/ defendant ( Balchand Jairamdas Lalwant ) with a view to keep the property intact and available. No interference is required in the order of the trial court. Hence, Appeal from order is dismissed.
Team legal vidhi