Question: After the death of a man’s wife, if he marries again, and one of his four sons dies without a wife, is the deceased son entitled to a share of the family wealth? How should the wealth be distributed legally, especially if the property was auctioned in the name of the wife?
Answer:
- Inheritance Rights of the Deceased Son: According to Islamic inheritance law (Sharia), if a son dies before his father, his heirs (i.e., his children or siblings) are entitled to his share of the inheritance. If the deceased son had no children or wife, his share would typically be distributed among his surviving brothers.
- Share Distribution Among Surviving Brothers: The surviving brothers are entitled to share the deceased son’s portion of the inheritance equally. Since the deceased son had no wife or children, the wealth that was originally intended for him will go to his surviving siblings. The stepmother or new wife of the father typically does not have a claim on the deceased son’s inheritance if it was allocated to the biological sons.
- Property Auctioned in the Wife’s Name: If the wealth was auctioned in the name of the wife of the 8th party (presumably referring to the new wife), the distribution of that property depends on whether it was bought or acquired during the marriage and if the wife has a claim on it. The property would typically be considered joint property if it was acquired during the marriage and does not solely belong to the wife unless specified otherwise by law or a legal agreement.
- Legal Argument for Proper Distribution: The proper distribution of the property should follow the applicable inheritance laws. In Bangladesh, this is generally governed by Islamic law for Muslim families. If the property was acquired by the deceased son’s father and the wife did not contribute to it, then the wealth should be divided among the biological children of the deceased, with the deceased son’s share passing to the surviving brothers.Steps to Resolve:
- Seek legal assistance from a lawyer familiar with inheritance law to ensure that the property is properly divided.
- If there is any dispute over the rightful heirs or the auction, it can be resolved through the courts, where a judge will determine the proper heirs based on evidence and testimony.