When it comes to inheritance and wills under Muslim Personal Law, there are many questions and misconceptions—especially around interfaith marriages. One common concern is: Can a Muslim woman still claim her father's or grandfather’s property if she marries outside her faith? Let's break down the rules and find out what Indian law actually says about such scenarios.
In India, Muslims are governed by Muslim Personal Law in matters of inheritance and succession. According to this law, a Muslim individual cannot will away their entire property. Instead, only one-third of the total property can be distributed through a will (known as “Wasiyat”), and even that comes with specific conditions.
The remaining two-thirds of the property is mandatorily distributed among legal heirs according to Islamic inheritance rules. This limitation applies to both men and women under Sunni as well as Shia interpretations, though some procedural nuances may differ.
One-Third Rule: A Muslim can only assign up to one-third of their property through a will unless all legal heirs agree to a larger allocation after the person’s death.
Heirs and Non-Heirs: Legal heirs cannot be granted property through a will since they already have a fixed share under Muslim law.
Equal Applicability: These rules are gender-neutral and apply equally to Muslim men and women.
Sunni vs. Shia Laws: While the broad framework is similar, certain details—such as timing of heir consent—may vary slightly between Sunni and Shia practices.
One of the most pressing questions people ask is whether a Muslim woman loses her right to ancestral property if she marries outside her religion.
If the woman remains a Muslim and her father names her in his will (within the legal limit of one-third of the estate), she retains the right to inherit that portion—even if she is married to a non-Muslim.
Now, if she formally converts to another religion, the scenario can still work in her favor. As long as her name appears in a valid will and her father has adhered to the one-third rule—or obtained heir consent for a larger share—her right to inheritance remains protected.
If the marriage is registered under the Special Marriage Act, 1954, which is a secular law for interfaith marriages, then Muslim Personal Law does not apply to succession matters. Instead, inheritance and wills in such cases are governed by the Indian Succession Act, 1925.
This changes things significantly:
The woman can make a will for her entire property, without needing the consent of legal heirs.
Her non-Muslim husband can also will his full property.
The marriage does not affect their right to inherit or bequeath property under Indian secular law.
So, a Muslim woman marrying a non-Muslim under the Special Marriage Act continues to enjoy full legal rights concerning property and inheritance—just like any Hindu, Christian, or Parsi citizen.
It’s important to note that states like Uttarakhand and Goa have their own unique succession laws. For instance, Goa follows the Portuguese Civil Code, which has uniform inheritance laws for all religions. Therefore, residents of such states may be subject to different legal frameworks when it comes to wills and succession.
Since inheritance and will-related issues can be complex, especially in interfaith situations, it’s always advisable to consult a qualified and experienced legal professional. Preparing a will that aligns with personal circumstances, religious beliefs, and legal constraints ensures peace of mind and avoids future disputes.
To summarize:
A Muslim woman can inherit property from her father or grandfather even if she marries a non-Muslim.
If the marriage is under the Special Marriage Act, inheritance laws shift from religious to civil (secular) jurisdiction.
She retains the right to make and receive a will under Indian law.
Always consider local legal nuances and consult a lawyer before drafting or contesting a will.
