Second wife's share in husband's property & assets under muslim law
15-Mar-2023 (In Property Law)
iam muslim childless widow,iam second wife.first wife devorce was not completed but ahe was not staying with husband for more than 10years.the first wife has three daughters and a son in this case what will be my share in my husbands property and other assets
Since the first wife has left your husband and has not returned for 10 years then it is understood that your first wife has separated for life. Therefore you can claim the property as per the shares a woman is legally allowed to take.
There are six fractions of shares mentioned in the Holy Quran:
2/3, 1/2, 1/4, 1/8, 1/3, 1/6.The 2/3 share is
for two or more daughters;
for two or more son’s daughters;
for two or more sisters;
for two or more half- sister;
The 1/3 share is
for two or more of mother’s children;
for the mother in the absence of child, or son’s child or two or more brothers or sisters;
some times for the grand father when there are brothers and sisters,
The 1/2 share is
For one of the four sets of females mentioned above when she is alone.
for the husband when his wife leaves no issue.
The 1/4 share is
for the husband when the wife leaves children;
for the wife when the husband leaves no children
The 1/8 share is
for the wife when her husband leaves children
The 1/6 share is
for the father when the deceased leaves children;
for the grandfather;
for the mother when the deceased leaves children or two or more brothers and sisters;
for the grandmother when the deceased leaves children or two or more brothers and sisters;
for the son’s daughter when the deceased has one daughter;
for one or more half – sisters when there is a sister
for two or mother’s children;
There are six fractions of shares mentioned in the Holy Quran:
2/3, 1/2, 1/4, 1/8, 1/3, 1/6.The 2/3 share is
for two or more daughters;
for two or more son’s daughters;
for two or more sisters;
for two or more half- sister;
The 1/3 share is
for two or more of mother’s children;
for the mother in the absence of child, or son’s child or two or more brothers or sisters;
some times for the grand father when there are brothers and sisters,
The 1/2 share is
For one of the four sets of females mentioned above when she is alone.
for the husband when his wife leaves no issue.
The 1/4 share is
for the husband when the wife leaves children;
for the wife when the husband leaves no children
The 1/8 share is
for the wife when her husband leaves children
The 1/6 share is
for the father when the deceased leaves children;
for the grandfather;
for the mother when the deceased leaves children or two or more brothers and sisters;
for the grandmother when the deceased leaves children or two or more brothers and sisters;
for the son’s daughter when the deceased has one daughter;
for one or more half – sisters when there is a sister
for two or mother’s children;
What is the share of husband after wife death?
Husband or wife
If she has children, her share is one eighth. The husband receives half the estate of the deceased spouse if the wife has no children and a quarter if the wife does. 31 August 2022
Can wife claim husband property after death?
According to Hindu law, the wife receives an equal share from the assets of her deceased husband, which are divided among the other Class I heirs: the children, and the mother. The only exception is if the deceased man died intestate. The wife gets the entire property if there are no other claimants or children. 10 Aug 2023
What are the rules for property distribution in Islam?
According to the Quran, Islamic property laws are based upon the principles of equality, justice and fairness. These laws give brothers and sisters equal rights to inherit their parents property.
Can a wife claim husband's property in Islam?
If she has no children, the widow of a Muslim man is entitled to a quarter of his estate. 24 Mar 2023
He is entitled to one quarter of the estate if she has any children. If she does not have children, a wife has a right to a quarter of the estate of her husband who died. If she has any children, then she gets an eighth. When a parent dies, sons inherit usually twice as much money as their sisters.
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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