Sare of wife as per muslim personal law....
Syed M. Ahmed
(Querist) 15 July 2012
This query is : Resolved
Sir,
I am muslim, divorced first wife and possess three childrens, i.e., Two Sons and a Daughter...
I married again couple of years before. Could you please explain me how can i divide my properly amoung my 2nd wife and childrens as per muslim personal law. I mean the ration of division...
Your urgent response would be highly appreciated...
Thanks,
Best regards,
Syed M. Ahmed
Adv.R.P.Chugh
(Expert) 15 July 2012
As a Muslim your legal heirs, as per available facts are your second wife and children from both marriages, and on your demise they would suceed to the property with your widow (2nd wife) taking 1/8th. Rest 7/8th would be divided among children with sons taking double the share of daughters. This is what would happen in case you die without a will.
If you want to will - you can at best will only 1/3rd of your total property, if you want to will more than 1/3rd and want it to take effect then for that after your death all your legal heirs should consent to the bequest taking effect of more than 1/3rd - in case some do and some do not, those who do their shares would rateably reduce.
Hope this Helps !
Allah Haafiz
S Jadhav 98336 98330
(Expert) 16 July 2012
Even if you have divorced the first wife, then also the children you had from her will have a share in your property and you cannot take away the share. You can only settle 1/3rd of your property by a will as per Muslim law prevalent in India.
