Muslim divorce and about legal heirs, their shares

anshad (Querist) 17 January 2015 This query is : Resolved
I am asking for my friend.His father passed away recently.his parents got married in 1987.he was born in 1988, his younger sister was born in 1990.due to some issues his parents got seperated in 1997 and his father send a triple talaq to his mother.talaq was rejected by her and she went to court for maintanence.in 1998 they rejoined through court and lived together till his death.in 1997 after sending talaq, his father had a secret nikah with a lady.after his death , this lady and her 16 year old son came and asked for shares.she is saying that her son's father is the deceased person.she also produced a marriage certificate issued from jamath.his mother also have a marriage certificate from jamath.what is the legal aspect of this issue?

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Guest (Expert) 18 January 2015
Dear Author,I would advise you for an amicable solution with them with the help and presence of Elders and relatives.Better approach this matter with humanity confirming the Genuinity of the same.

Anirudh (Expert) 18 January 2015
Dear Mr. Anshad,
Both the wives will get totally 1/8th of the property - which they have to share equally amongst themselves i.e. 1/16th each.

As regards both the sons and a daughter, they have to share the remaining 7/8th of the property. The sons will get 7/20 share each will the daughter will get 7/40 share.

ajay sethi (Expert) 18 January 2015
agree with Mr anirudh

Rajendra K Goyal (Expert) 18 January 2015
Agree with the expert Anirudh.

T. Kalaiselvan, Advocate (Expert) 20 January 2015
The second wife and the child born to he deceased through second marriage are also entitled to their legitimate share in the property of the deceased similar to that of the first wife and her children.

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