• Share of property to first wife's children

I am a muslim and I am from Bangalore. My (late) father-in-law had property which was nominated to my mother-in-law, actually she is second wife. First wife became mentally unstable so my FIL had to marry my MIL, she had two children, who were later taken care by my FIL's brother.
Now in 2013 my MIL sold the property and gave the share to her children. She wants to know that the first wife's children - do they have to get the share or no?
Asked 4 years ago in Property Law from pariimran22@gmail.com, Karnataka
did your father in law make a will ? a Muslim cannot dispose of more than 1/3rd property by will .second wife has to give share to first wife children too .  first wife children have right on father property .
Ajay Sethi
Advocate, Mumbai
37826 Answers
2120 Consultations

5.0 on 5.0

nominee is only a trustee for legal heirs . since property was in name of father in law all his children have rights in said property .
Ajay Sethi
Advocate, Mumbai
37826 Answers
2120 Consultations

5.0 on 5.0

Second wife of your father-in-law cannot claim exclusive share in his property as the children of his first wife also have an equal share therein. As the property stood in the name of our father-in-law the children of first wife cannot be denied a share in the property.
Ashish Davessar
Advocate, Jaipur
21674 Answers
591 Consultations

5.0 on 5.0

It will now be prudent on the part of your MIL to make a settlement deed and give an equal share from the amount realised by the sale of this property to children of your father-in-law from his first marriage, else a legal battle at the instance of children from his first marriage may ensue.
Ashish Davessar
Advocate, Jaipur
21674 Answers
591 Consultations

5.0 on 5.0

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