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Sabir Ansari   05 June 2020

Share in property of father among children of two deceased wives

My father has inherited property from his father(my grandfather).
After death of his first wife,he married his first wife's sister as per the wish of his father.
My father's first wife expired about 46 yrs back and his second wife expired about 10 yrs back.
My father has one son from his first wife and 2 sons,2 daughters from second wife.
This matter relates to a muslim family.
As per current law, how this property inherited from my grandfather be divided among the children of first and second wife?


 4 Replies

P. Venu (Advocate)     06 June 2020

Prima facie, the father is alive. Hence there is no question of inheritance. Under Muslim Law, property opens up for inheritance only after  death.

Sabir Ansari   06 June 2020

That is right. But the father' children from his two deceased wives want to know how the property will be divided either equally among all sons or half of property to first wife son and the remaining half among the sons from second wife.
Could please clarify this?

Deekshitulu.V.S.R (B.Sc, B.L)     06 June 2020

Right.  Under Muslim law there is no property like coparcdenery property as in Hindus. The right for the survivors will accrue after the death of the father.

I request every body to pose thge questions with all particulars, becasue there is no page or place constraints for persons posing the question or  answring them.

1 Like

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     07 June 2020

In this case the Inheritance of your  father's property will come into effect only after his death. After his death his five children will inherit the property, however, a son's share will be double to that of a daughter's share.

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