Heirship of missing person

Querist : Anonymous (Querist) 17 October 2011 This query is : Resolved
my brother was missing last 11years.after 8 years of his missing,his wife remarried another person.we are muslim family.my brother has 3 brother and 4 sister.our mother is still alive.so who are missing brother's heirs?can his wife(now she is wife of another person)claim share on my brother's property?

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n.k.sarin (Expert) 17 October 2011
Mr. anonymous wife of your missing brother has no right in your brother's property due to her remarriage with other person without seeking declaration from the competiting court that your said brother be declare dead.

Shonee Kapoor (Expert) 17 October 2011
:-) The wife would have been heir, if she had seeken partition before re-marriage.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 18 October 2011
its a repeated query.law itself presumes he is dead.i have told you in detail elsewhere .

kuldeep kumar (Expert) 18 October 2011
if heirs of missing man have not taken any step in declaring missing man dead then i see no reason why wife should not be considered heir along with other heirs.where it is written that muslim women marrying other man without proper divorce can be debarred from heirship? i want more expert replies to leave no doubt to anonymous.

J K Agrawal (Expert) 18 October 2011
No declaration required

It is automatic that he will be presumed died.

The wife is entitle as widow as well as xhe is entitle to mehar also.

The share depends upon which type of muslim you are. It is not mentioned about issues of your missing brother.

In case of summi muslims the wife will get 30/120 Share mother will get 20/120, and all brothers jointly will get 40/120 part. Then Each borther will take 6/120 part and each sister will take 3/120 part.

Remarriage was never a bar in muslims as marriage is only a contract in muslims.

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