Inheritance of daughter on father's property after his death

Ayesha (Querist) 28 August 2016 This query is : Resolved
A Muslim father dies leaving behind 5 children, 2 daughters from his first marriage and 2 sons and a daughter from his second marriage. First wife is divorced. His will is not traceable. What would be the share of inheritance for the children from the first and second wife if there is no will. Can he make a will to deny his property to the children from first wife and give all the property to the second wife and his children? Can that will be questioned for its authenticity and legality. Thanks

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Devajyoti Barman (Expert) 28 August 2016
who are you and how are related to this query?

Ayesha (Querist) 28 August 2016
We follow Sunni practise. Parents of my father are not alive. Pl suggest

Raj Kumar Makkad (Expert) 28 August 2016
Your query is based upon assumptions and presumptions. You should post only facts related to you and should thereafter raise the specific query.

Ayesha (Querist) 28 August 2016
I am the daughter from the first marriage. I am adult and a special child. I want to know about my legal rights.

Kumar Doab (Expert) 28 August 2016
Your apprehension is about WILL.

You have mentioned that it is not traceable.

Limited understanding is that 1/3 property can be disposed by WILL.

Raj Kumar Makkad (Expert) 29 August 2016
A Muslim male cannot bequeath more than 1/3 share of the property by way of will and thus no question arises to deprive any class of heirs as there is no such provision.

Ayesha (Querist) 29 August 2016
Thanks. Can he transfer all his property during his lifetime to his wife by Hiba? Will that be legal?

Kumar Doab (Expert) 30 August 2016
Your apprehension is about WILL.

You have mentioned that it is not traceable.

If ratified by all heirs WILL may be for more than 1/3rd of property.

WILL can be contested on tenable grounds.

Under Sunni Muslims; daughter is a residuary.