Who is a childless widow?
Mohammed Rizwan Shaikh
(Querist) 12 April 2021
This query is : Resolved
Respected Sir,
A muslim couple had 2 sons, after the divorce with former husband, the lady gets married to an old man (muslim), no offspring from this marriage, the old man dies leaving behind the lady as legal heir.
Can the lady be called as Childless Widow as there are no offspring from the marriage with the deceased? What will be the share percentage in the property left behind by the deceased as per Muslim Shariat Law?
Please share your inputs experts
kavksatyanarayana
(Expert) 12 April 2021
If the widow does not have any children, then she will be entitled to one-fourth of the property that her deceased would receive. The amount that she will actually receive would be calculated after paying off the debts and legal and funeral expenses of her husband. If the widow does have children or grandchildren, then she will be entitled to one-eighth of the share of her husband’s property.
Mohammed Rizwan Shaikh
(Querist) 12 April 2021
So many thanks for your reply Expert.
But what I want to ask is that, the widow has children from her former husband and not from the deceased husband. So in such case the widow will still be called as CHILDLESS WIDOW of the deceased husband?
Please advice
Sankaranarayanan
(Expert) 13 April 2021
No widow is excluded from the succession. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband .
Sudhir Kumar, Advocate
(Expert) 13 April 2021
You are confusing.
She is not childless as she has children from 1st marriage.
However since there is no child from second marriage she appears to be the sole successor, unless second husband otherwise had children from any earlier marriage.
ashok kumar singh
(Expert) 13 April 2021
nicely, earlier experts viewed on your query and provided possible suggestions, so far. therefore no further comments.
thanks
Mohammed Rizwan Shaikh
(Querist) 13 April 2021
I sincerely thank all the experts for sharing their views......
Sir, the deceased husband i.e. 2nd husband has 3 sons from his first wife, 2 sons expired before their dad. Only one is alive, so in such case how the property will be distributed?
kavksatyanarayana
(Expert) 13 April 2021
I have already replied to your doubt. again read it.
Mohammed Rizwan Shaikh
(Querist) 13 April 2021
Thank you so much sir......So it means that even if the widow has children from former husband and not from the deceased one, then she will be entitled for 1/8 share only and not 1/4 share in the deceased second husband's property.
T. Kalaiselvan, Advocate
(Expert) 26 May 2021
Under Muslim law, no widow is excluded from the succession. 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.
She can be considered as childless widow of this marriage because her children of former marriage are not entitled to succeed to the estates of their step father.
They are not biological children of their deceased step father.
Therefore the widow/wife takes 1/4th of share in a case where the couple is without lineal descendents.
descendants,
