Property distribution between two wives and their childrens Property distribution between two wives and their childrens

8 months ago

Hi sir, my muslim father married twice. First wife has two daughters only and second wife has 3 sons and two daughters. I am from first wife. How property will distribute among all?

Anik

Responded 8 months ago

View All Answers
A.Dear Client,

As a legal advisor, I can provide some general information on the distribution of property in the scenario you have described. However, it's important to note that inheritance laws can vary based on personal laws, religious customs, and specific circumstances. Therefore, it is advisable to consult with a lawyer who specializes in Islamic inheritance laws to obtain accurate advice based on the specific jurisdiction and personal law applicable to your situation.

Under Muslim personal law, distribution of property upon the death of a person is governed by the principles of Islamic inheritance, as outlined in the Shariah. The exact distribution will depend on different factors such as the presence of a valid will, the number of heirs, and the specific shares allocated to each category of heirs.

In your case, assuming that your father did not leave a valid will and all his marriages were legally recognized, the distribution of the property would typically be as follows:

1. First Wife's Daughters: As per general Islamic inheritance rules, daughters are entitled to a specified share of their father's property. In this case, the two daughters from the first wife would be entitled to a share.

2. Second Wife's Sons and Daughters: The sons and daughters from the second wife would also have a certain share of the property, which is separate from the share of the first wife's daughters. The exact distribution depends on the number of sons and daughters and the specific Islamic inheritance rules applicable in your jurisdiction.

It's important to note that these are general guidelines, and the actual distribution may vary based on various factors, including local laws and customs specific to your jurisdiction. The specific shares and distribution would be determined by the principles of Islamic inheritance applicable in your case.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

View All Answers
A.Dear Client,
Muslim law does not create any distinction between the rights of men and women. However, the quantum of share of female heirs is half of that of the male heirs. The two wives get one-eighth share, which is to be divided equally between them. Both wives are entitled to a share of 1/4th share in the property of the husband if they are childless and 1/8th share in case there are children. The question of inheritance of property in Muslim law comes only after the death of a person. Any child born into a Muslim family does not get his right to property on his birth. As per the Muslim law of inheritance, the daughter is entitled to a share of half of that of the Son. If there is no brother, she gets half a share of the property. If there are two or more daughters, their share is 2/3 of the estate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDecree by court i r o Specific PERFORMANCE of contract agreement
Dear Sir, It is a disputed issue which has to be decided again by the Civil Court and you must seek cancellation of such judgment since you are in possession of regular Sale Deed before judgment was p...
question iconProperty and Home loan
Dear Sir, It is a complicated issue. Now a days you cannot believe even the family members. If you go legally it will take years together. If there is possibility take possession of some part of the h...
question iconRemove co owner from FLAT BBA if he is not giving his consent
Dear Sir, You have to get issue a legal notice to remove co-owners name as it was only for name sake as there was no contribution from him. If builder did not do that then you have to approach Civil C...
question iconLand dispute
Dear Sir, Approach Civil Court and get permanent injunction against him as he is unnecessarily interfering with your legal possession. If anything is encroached by you it has been perfected by way of...
question iconPartition suit - Rent being given to Non legal heir
Dear Sir, My answers are as follows: 1. How do I recover this 50% money which is being transferred to my aunty? Aunty is not the legal heir. My brother and I are legal heirs. Ans: Your aunty is a str...