After A death both his children and both wives will have share as per no of heirs. Yes succession certificate will definitely include their names

As he was a muslim the law of sharia is applicable here. The shares of all the family members are fixed. There can be no alterations.

The succession certificate should contain your brother's children and his 2nd wife. On that basis the sharia law divides the property.

On demise of brother his share in proeprty would devolve on his wife and 2 daughters 

Succession certificate is only for movable debts and securities 

apply for letters of administration from district court for immovable and movable property of deceased 

Yes.

Nothing  is compicated.....Succession  Certificate  will include his Second wife and both the daughters if the daughter of first wife is not abandoned as stranger. 

Succession Certificate will be issue to one person while legal heire Certificate may contain names of all of them

Hi 

Since the 32 year old girl is handicapped a bit (mentally), you should file for

a)  succession certificate  in the court by filing a succession original petition wherein the 2 daughter's and the wife are declared as legal heirs and the properties including bank balances and immovable properties.

b) Also it is necessary in law that a guardian be appointed for the 32 year old girl under  section 14 of the National Trust Act, by making an application in Form A under Rule 16(1) & appoint guardians in Form B under Rule 16(2) for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities. 

Hope this information is useful.

All three of them will get equal shares in the deceased property. Because the deceased person do not have son nor their parents are alive.

Otherwise you can apply as per the Indian succession act.

i can try untangle the complication

but i would like to know whether you belong to the Sunni or Shia Muslim sect

the rules are different for both schools

once you inform about the sect you belong to, i will be able to affirmatively tell how the distribution of your brother's estate can be done 

No succession will require. Wife have 1/8 share and rest share in property will devide between 2 daughters equally.

Inheritance of property in Muslim law comes only after the death of a person, any child born into a Muslim family does not get his right to property on his birth. If an heir lives even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in the property.

The Sharers are 12 in number and are as follows: (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.

The share taken by each sharer will vary in certain conditions. For instance, a wife takes 1/4th of share in a case where the couple is without lineal descendants, and a one-eighth share otherwise. A husband (in the case of succession to the wife's estate) takes a half share in a case where the couple is without lineal descendants, and a one-fourth share otherwise. A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds.

If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.

Succession certificate is not applicable for immovable property.

First you obtain a legal heirship certificate of your deceased brother containing the names of all his legal heirs and file a partition suit  to seek partition as per Muslim law of inheritance which has been clearly mentioned in my previous post.

as per Sunni law of inheritance there are 3 kinds of heirs - 

sharers

residuaries

distant kindred

you have stated that your brother left wife and 2 daughters [1 daughter from each wife].

wife and daughter fall in the category of shares

thus the wife will get 1/8th share = 12.5%

the daughters also fall in category of sharers as there is no son 

thus the 2 daughters collectively get 66.66% = 2/3rd share i.e. 33.33% each

i am assuming that your brother did not left behind father, brother, sister and mother or grandfather, grandmother [if that is the case then the above shares will change]

thus the shares are - 

wife - 12.5%

daughter from 1st wife - 33.33% [this daughter will inherit even if she may be of unsound mind]

daughter from 2nd wife - 33.33%

TOTAL = 79.16%

As there is a residue of 20.84%, that will revert to the 2 daughters equally since children of deceased are his residuary heirs

thus the final shares will be

wife - 12.5%

elder daughter - 43.75%

younger daughter - 43.75%

TOTAL = 100%

If your brother has left behind properties [which include immoveable properties also] then any of his heir i.e. either his wife or his elder daughter can apply to the court for grant of letter of administration to appoint her as administrator 

as the elder daughter is of unsound mind, the wife can apply

the heir will be appointed as an administrator and will then have to transfer the properties of the deceased to the legal heirs of your brother as per the above shares

if he has left behind only moveable properties then a succession certificate can be obtained by the wife

the wife will then distribute the funds to the legal heirs of the deceased [including herself] in the manner stated above

1. You need to obtain legal heirs certificate from tehsildar of your brother residence area. 

2. After getting certificate they can apply for mutation of property as per muslim law where the property will divide equally among all legal heirs.

3. Yes legal heirs certificate or succession certificate will contain names of all legal heirs.

- As per Muslim Law, the right of inheritance of property comes only after the death of a person.

- Further, any child born into a Muslim family does not get his right to property on his birth. 

- Per – Capita distribution method is used in the Sunni law, and according to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs. 

- Further, there is no distinction between the right of men and women; each has right over the said property. 

- However, a female will get half of the male share. 

- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .

- Hence after the death of your brother , his wife who is alive will get 12.5 % and the remaining would be shared amongst all the children of first wife and the second wife. 

- If there is dispute , then file a partition suit on her behalf before the court . 

Dear Client

This is to inform you that,

• Muslim law recognizes two types of heirs, Sharers and Residuary. Sharers are the ones who are entitled to a certain share in the deceased’s property and Residuary would take up the share in the property that is left over after the sharers have taken their part.
• Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property.
• 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. However, a widow who has children or grandchildren is entitled to one-eighth of the deceased husband's property.
• And both daughters aged about 32 years and 03 years shall be entitled to the rest of the property on an equal basis. In case of the Mentally restarted daughter a legal guardian should be appointed from the court to take care of her shares.
• Yes, the succession certificate will definitely include their name.

Upon the death of your brother , the first wife daughter, her stepmother and step-siblings - will get share. as per shariah law wife entitled (widow who has children or grandchildren) is entitled to one-eighth of the deceased husband's property. both daughters entitled equal share. 

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