# Property division among childrens of fathers 2 marriages

This query is : Resolved

(Querist)
07 February 2012

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.

adv. rajeev ( rajoo ) (Expert)
07 February 2012

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

Devajyoti Barman (Expert)

07 February 2012

Yes all of you would equally divide the property.

Shailesh Kr. Shah (Expert)
07 February 2012

@Mr.Rajeev/Mr.Barman,

Shailesh Kr. Shah (Expert)
07 February 2012

you are siya or sunni?

Deepak Nair (Expert)
07 February 2012

07 February 2012

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)

Devajyoti Barman (Expert)

07 February 2012

I failed to notice the religion of the author.

07 February 2012

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.

Deepak Nair (Expert)
08 February 2012

Dear Bharat, thanks for throwing light on the above.

09 February 2012

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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