وریز وجوهات
بسم اللّه الرحمن الرحيم قال اللّه الحکيم في کتابه الکریم: قُلْ لَا أَسْأَلُكُمْ عَلَيهِ أَجْرًا إِلَّا الْمَوَدَّةَ فِي الْقُرْبَى تکريم و تجلیل از اهل البيت عليهم السلام و امامزادگان واجب التعظيم، بنابر حديث شريف ثقلين که مقبول فريقين می...
جمعه: 27 / 05 / 1396 ( )

Inheritance of the second group

 

2749. The second group of persons, which inherits on the basis of relationship, consists of grandfather, grandmother, brothers and sisters and, if the dead person does not have brothers and sisters, their children inherit the estate.

2750. If the heirs of deceased is only one brother, or only one sister, he or she inherits the entire estate, and if he has several real brothers alone or several real sisters alone, they divide the property equally among themselves. If, however, he has several real brothers and some real sisters together, every brother gets double the share of a sister. For example, if he has two real brothers and one real sister, the property will be divided into 5 parts, and each brother will get 2 parts while the sister will get one.

2751. If a deceased has real brothers and real sisters, his half brothers and sisters (whose mother is the stepmother of the deceased) do not inherit his property. And if he has no real brothers or real sisters, and has only one half – brother or only one half – sister, (both from father’s side) the entire estate will be inherited by him or her.
And if he has many paternal half – brothers alone, or many paternal half – sisters alone, the estate will be divided among them equally. And, if he has paternal half – brothers together with paternal half – sisters, every brother gets double the share of every sister.

2752. If the only heir of deceased is one maternal half – sister, or one maternal half – brother (their father being different from the deceased father), she or he gets the entire estate. And if he has several maternal brothers alone, or several maternal sisters alone, or both of them together, the estate is divided equally among them.

2753. If the dead person has real brothers and sisters, together with half – brothers and sisters from father’s side, and one half – brother or one half – sister from maternal side, the paternal brothers and sisters will not inherit. In this case, the estate will be divided into 6 parts, from which one part will be inherited by the maternal brother or sister, and the remaining parts will be divided among the real brothers and sisters themselves, in such a manner that every brother will get double the share of every sister.

2754. If a deceased has real brothers and sisters together with paternal brothers and sisters, and several maternal brothers and sisters, the paternal brothers and sisters

 

will not inherit. In this case, the estate will be divided into 3 parts, from which one part will be divided by the maternal brothers and sisters equally among themselves, and the remaining 2 parts will be divided among the real brothers and sisters, in such a manner that every brother gets double the share of every sister.

2755. If the only heirs of deceased are his paternal brothers and sisters, and one maternal brother or one maternal sister, the estate will be divided into 6 parts. One part will be given to the maternal brother or the maternal sister, and the remaining parts will be divided among the paternal brothers and sisters, in such a manner that every brother gets double the share of every sister.

2756. If the only heirs of deceased are his paternal brother and sister, and several maternal brothers and sisters, the estate will be divided into 3 parts. One part will be shared among the maternal brothers and sisters equally, and the remaining 2 parts will be divided among the paternal brothers and sisters, in such a manner that every brother gets double the share of every sister.

2757. If the brother, the sister, and the wife of deceased are his only heirs, the wife gets her inheritance in the manner which will be explained later, and the sister and brother get their inheritance as stated in the foregoing rules. Also, if a woman dies and her only heirs are her sister, her brother and her husband, the husband gets half of the estate, and the sister and the brother inherit as explained earlier.
However, nothing is reduced from the share of maternal brother and sister to provide for the shares of the wife or the husband. But in the case of real brothers and real sisters, or paternal brothers and sisters, their shares may be reduced.
For example, if the heirs of the deceased are her husband, maternal brother and sister, and real brother and sister, half of the estate will go to the husband, and one part out of the three parts of the original estate will be given to the maternal brother and sister, and whatever remains will be the property of the real brother and sister. Hence, if the total estate of the deceased is $6, $3 goes to the husband, $2 are taken by the maternal brother and sister, and $1 will be the share of the real brother and sister.

2758. If deceased does not have sister and brother, their share of the inheritance is given to their descendants, and the share of maternal brother's child and maternal sister's child will be divided among them equally.
And as for the share of the paternal brother's child and paternal sister's child, or real brother's child and real sister's child, the commonly held principle is that every son gets twice as much as the daughter.

 

2759. If the heir of the deceased is only one grandfather or one grandmother, regardless of whether they are paternal or maternal, the entire estate goes to them, and the great grandfather of the deceased does not inherit in the presence of the grandfather.
 

2760. If only the paternal grandfather and paternal grandmother of the dead person are the heirs, the estate will be divided into 3 parts, from which 2 parts will be taken by the grandfather and one part will be taken by the grandmother. And if the maternal grandfather and maternal grandmother are the heirs, the property will be divided between them equally.

2761. If the heirs of the deceased is paternal grandfather or paternal grandmother together with maternal grandfather or maternal grandmother, the property will be divided into three parts. Two parts will go to the paternal grandfather or paternal grandmother, and one part will go to the maternal grandfather or maternal grandmother.

2762. If the heirs of the deceased are paternal grandparents together with maternal grandparents, the estate will be divided into 3 parts. One part will be divided equally between the maternal grandfather and the maternal grandmother, and the remaining 2 parts will go to the paternal grandfather and the paternal grandmother, from which the paternal grandfather gets twice the share of the paternal grandmother.

2763. If the only heirs of a deceased are his wife together with his paternal grandparents, and his maternal grandparents, his wife gets her inheritance in the manner which will be explained later. And one of the 3 parts of the original estate of the deceased will be given to the maternal grandfather and grandmother, to divide it equally between them.
The remaining part will be given to the paternal grandparents, and the paternal grandfather gets twice as much as the paternal grandmother. And if the heirs of the deceased are her husband together with her paternal or maternal grandparents, the husband gets half of the property, and the grand parents get their inheritance in the manner mentioned in the foregoing rules.

 

موضوع: 
نويسنده: 
کليد واژه: