(Querist) 30 October 2017
This query is : Resolved
A sunni muslim person died intestate, leaving his wife, 2 boys, father, 3 brothers, 4sisters behind. Later expired person's wife married one of his younger brother and they gave birth to 4 boys and one sister. My question is what will b the rights of the children of the dead person over the ancestral property.
(Expert) 31 October 2017
i'd CERTAINLY GIVE YOU QUALITY ADVISE. since you are sunnis your late son’s father takes a fixed share of 1/6 th. Late son’s widow takes 1./8th and the remaining 17/24 would be so divided that each son or both the two sons would get 17/48 each.If you take LCD1/6+1/8+17/48+17/48=1 In the presence of father and sons of your late Son the remaining 17/24 would be so divided that late son brothers and sisters etc would be excluded from sharing the property of their brother as they are distant kindred compared to primary heirs and sharer class heirs like father and own sons and widow .