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ornate (officer)     23 December 2014

Muslim law

Respected Senior,


My query is that i mentioned below here in a Muslim Male self purchased property 


1.  Mr. "A" is Muslim Male his first wife was dies and after that he bought one home.  

 

2.  Mrs. "B" is Hindu female she has a two son and one daughter already after her husbands death she got marry with Muslim Person "A" and came to stay with him in his home with taken one son  "C" and one daughter "D" and accept Islam of the record. 


3.  After that Mr. "A" & Mrs. "B" gave birth to one male "E" & one girl  "F" child. Mr. "A" dies without any will. all children got married with Islamic custom. 

                 

4. "E" marry with "G". "G" gave a birth two son after 5 year "E" also dies

 

5.  After the death of "E"   "B" and "C" sent back his widow "G" to in her parent home                      

 

6.  "B" dies on 20th December "C" has possession of home "G" and her 5 -4 year old son want his her share of ''A" property.

 

My Question is

-    What should she do for her and her children share ?

-    What is Muslim law says about the widow and her son ?

-   Related property belong to muslim male ,after the death of Mrs. "B". "C" has any right or interest of            share.

-    is "C" legal hire of "A" ?

-   according to Law what should she do and why ? 

-   What is the law says about her and  children ? 

 

                                                                                                                        Thanks................




Learning

 2 Replies

Jai Karan Nagwan (consultant)     23 December 2014

Law of legitimacy and adoption is unknown to Muslim Law. As per me c is neither a legal heir nor entitled for his so called second Muslim father's property. So you can understand fate of C, therefore Hindu lady should not look at her convenience only, while marrying. If Mr. A would have thought could have bequeathed at least 1/3 share to C. C could have been entitled to inherit her mother Mahr only.
1 Like

Adv k . mahesh (advocate)     09 January 2015

as per my knowledge what c gets the share in the same way e also gets the same share in the property of Mr. A and if first wife has any kids out of this marriage then they also get a share in this property 

let me know if it is wrong 


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