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Property division among childrens of fathers 2 marriages (Intellectual Property Rights)

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This query is : Resolved


Author : Arshad Nasim

Posted On 07 February 2012 at 02:41

my father had 2 marriages. from the first marriage i am his only son and after my mother died , my father went in for 2nd marriage and from his second marriage i have 3 brothers and a sister. my father passed away without any will . my fathers second wife is also surviving . how can we divide / share the property amongst uorselves according to muslim law.




Expert : adv. rajeev ( rajoo )

Posted On 07 February 2012 at 05:08

1/6th share you will get in your father's property.



Expert : Devajyoti Barman

Posted On 07 February 2012 at 08:17

Yes all of you would equally divide the property.



Expert : Shailesh Kr. Shah

Posted On 07 February 2012 at 09:39

@Mr.Rajeev/Mr.Barman,

please review you reply. querist is muslim.



Expert : Shailesh Kr. Shah

Posted On 07 February 2012 at 09:42

you are siya or sunni?



Expert : Deepak Nair

Posted On 07 February 2012 at 09:58

Please contact Expert Mr.Nadeem Qureshi for a better solution.




Expert : Adv.R.P.Chugh

Posted On 07 February 2012 at 10:53

Presuming that you are Hanafi Sunni as most Muslims in the country are, here is how the property would go.

Your father's second wife - would take 1/6th of the property.

Out of the 5/6th left - each brother would take 2/11th i.e 10/66 - and step sister - would take 1/11th of 5/6th i.e 5/66 of the total property the rest would go to second mother.

Feel free to ask for any clarifications.

Bharat (09810553252)




Expert : Devajyoti Barman

Posted On 07 February 2012 at 16:17

I stand corrected my reply.
I failed to notice the religion of the author.



Expert : Adv.R.P.Chugh

Posted On 07 February 2012 at 22:01

Even i'd have to correct myself ....widow gets 1/8th - and out of the 7/8th left - sons take double the share of the daughers.



Expert : Deepak Nair

Posted On 08 February 2012 at 16:15

Dear Bharat, thanks for throwing light on the above.



Expert : RadhikaReddy

Posted On 09 February 2012 at 15:41

Since second marriage is legal.. children from second marriage are legitimate.. so second wife gets a share of 1/8th of total property and the children should get

daughter= 7/80
sons each= 7/40

and the remaining 7/80 is residuary.. to be divided among the sons equally..

The share always depends on the presence or absence of other heirs such as your Father's father or mother...
And are you a sunni or shia?


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