Q: Opinion 1:

Ans: In my opinion, the person can not be facilitated with 50 percent share of property due to absence of  following reasons: 

1. In case any Muslim individual contracts his marriage under the Special Marriage Act, 1954, he ceases to be a Muslim for the purposes of inheritance as well as thus accordingly, after the death of such a Muslim , his or her property does not devolve under Muslim law of inheritance. The inheritance of the properties of such Muslims is governed within the provisions of the Indian Succession Act, 1925.

But, here there is no such contract of marriage under Special Marriage Act, 1954, he ceases to be a Muslim for the purposes of inheritance and the property will be inherited under Muslim Personal Law. 



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