TEST OF THE WILL

A women's movement in Kerala against Muslim inheritance law lands the CPI(M) in a tricky situation

- NIRMAL JOVIAL

Rubiya Sainudheen, 26, of Kochi is fighting an uphill battle. An only child, she lost her father, C.H. Sainudheen, to Covid in November 2020. Sainudheen was an entrepreneur who sold lottery tickets wholesale and had property worth ₹20 crore. He died without leaving a will and had a debt of ₹2 crore.

Rubiya was divorced at the time. She later married a businessman, Shuhaib K.T., and they tried to settle the debt by selling some of Sainudheen's assets. They found an unexpected roadblock. Sainudheen's brother and son contested the sale, citing provisions of the Muslim Personal Law (Shariat) Application Act, 1937.

The act and its provisions are applicable to all cases where a Muslim dies intestate, leaving questions regarding succession and division of property. As per the law, the lone daughter of a father who died intestate is entitled to only half the assets owned by him. The rest is divided among his brothers. But, if the lone child is a son, the property can be passed on to him as a whole. Apparently, Muslim personal law discourages people from leaving a will that benefits only the children.

Rubiya says the law is helping her relatives grab her father's property. According to her, they were of no help when her father was alive and her mother was suffering from kidney disease. After he died, the relatives allegedly tried to maintain control over the assets by preventing her from remarrying.

Shuhaib fully backs Rubiya in her battle. He said assets worth ₹6 crore sans liabilities, which her father had made by hard work, are now in dispute. "My father left home when he was just 18 because of family problems," she said. "He created all this wealth by himself. We approached the mosque committee, but they supported my uncle."