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Distribution of property and pension between two wives


18-Apr-2023 (In Muslim Law Law)

We are muslim family my father was officer and he has 2 wife. due to some tax adjustment he bought some properties in step mother name and father told everyone the property will be shared between all the children of both wife but now step mother does not want to give the property to other wife child and she does not want to share the pension as well and retirement money of the father. Your suggestion will be very helpfull.

Answers (1)

Answer #1
134 votes

In India, Government Employees are prohibited to have two living wife (even for muslims too).

If anyone have in your company who got married first (whether registered or not; no matter), will be considered as legal heir and the second one will always be considered as illegimate only. Hence they are not eligible for any claim.

Only the First wife is always eligible to have all the settlement such as pension and retirement benefits of employee.

In case of the property purchased in the name of the wife, the wife will have the first right on the property. You need to prove in court that the property was purchased by your father and it was just registered in the name of one of his wife. Then accordingly the property will be distributed under Muslim law. 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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