Civil Procedure Code (CPC)

Muslim inheritance shariat law

 

Online (Querist)
25 January 2021

(All Sunni Muslim)
Through former husband Mrs. A has 2 sons R and I.
Mrs. A remarries Mr. B. Out of this marriage no sons / daughters were born. Mr. B through his earlier marriage had 3 sons, wherein 2 sons died before Mr. B. Only one son is alive.
Mr. B dies intestate.
So should we consider that Mrs. A is a CHILDLESS WIDOW.
How the shares will be divided between deceased 2 sons legal heirs, living Son and living Widow in the property of Mr. B? Will the legal heirs of the deceased son gets any share in B's property? If we consider her CHILDLESS WIDOW then as per Shariat Law, a Childless Widow will inherit 1/4th share in the deceased’s property.
Mrs A is filing Partition Suit, so how much share she should claim 1/8th or 1/4th?
Will the step-sons R and I can get any share in Mr. B's property as per Shariat Law? Please help.


Mohammed Rizwan ShaikhOnline (Querist)
06 February 2021

Experts Please help in this issue

T. Kalaiselvan, Advocate Online (Expert)
05 June 2021

Mrs. A is a childless widow as afart as the succession of B's intestate death since her own children are not blood or biological children of B, instead they were born to A.
A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts.
If a Muslim man marries during an illness and subsequently dies of that
medical condition without brief recovery or consummating the marriage, his widow
has no right of inheritance
If the deceased had left behind son(s) and daughter(s), then, the daughters cease
to be sharers and become residuaries instead, with the residue being so
distributed as to ensure that each son gets double of what each daughter gets.



Mohammed Rizwan ShaikhOnline (Querist)
06 June 2021

Expert T. Kalaselvan Sir......thats what reply I was expecting....superbly guided.......I am really thankful to u for your valuable inputs. May Almighty LORD shower his blessings on u and your kins.

ashok kumar singhOnline (Expert)
09 June 2021

agreed with views of earlier experts, therefore no further comments, so far.

thanks

Mohammed Rizwan ShaikhOnline (Querist)
20 June 2021

Namaste T. Kalaselvan Sir....I would sincerely appreciate if you can help me with any citations with this regard.



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