Question:
My father is deceased. Alhamdulillah, my mother is still alive. We are five brothers and five sisters. My father had two marriages. My second mother had one child (a brother) who drowned at age 2. After my father’s death, the second mother moved to her father’s house with 50 thousand taka for her muhrana dues (no claim deed was given during departure). She never remarried. Now we are all adults, and we want to distribute the resources. Now, my questions are:
- Will my second mother get any share in my father’s property?
- A wife gets 1/8 share in her husband’s wealth. Does she have any wealth in this share (one or both wives get)?
- Should she (second wife) be named in the inheritance certificate?
Answer:
- Second Wife’s Share in Property:
- According to Islamic inheritance law, the second wife (your father’s second wife) has a right to inherit from your father’s property, but only if she was married to him at the time of his death. Since your father’s second wife has moved out and is not remarried, she may still have a share in the property.
- The share of the wife in her husband’s inheritance depends on the number of wives your father had at the time of his death. If your father had two wives at the time of his death, the second wife is entitled to one-eighth of your father’s total estate. This portion would be divided among all the wives equally.
- Therefore, the second wife will receive one-eighth of the inheritance if she was married to your father at the time of his death.
- Wife’s Share in Husband’s Wealth:
- As per Islamic inheritance law, each wife is entitled to one-eighth (1/8) of her husband’s wealth if he has children. This share is distributed equally among the wives. So, if your father was married to both your mother and the second wife at the time of his death, each wife will receive one-eighth of the total estate.
- However, since your second mother moved out after your father’s death, her share will still be determined by Islamic inheritance law, unless she formally relinquished her right (which would have been indicated through a legal document like a claim deed or mutual agreement).
- Should the Second Wife Be Named in the Inheritance Certificate?:
- Yes, the second wife should be named in the inheritance certificate, as she has legal rights to inherit from your father. In the absence of any formal claim deed or settlement, the second wife’s share should be officially recognized and documented.
- The inheritance certificate will list all the legal heirs, including the second wife, and ensure that her rightful share is protected. If the second wife was legally married to your father at the time of his death, she is considered a valid heir and should be included.