بسمه تعالی ضمن ارزوی قبولی طاعات و عبادات کلیه‌ی مؤمنین خداجوی به اطلاع می‌رساند که رؤیت حلول ماه شوال در شامگاه پنجشنبه 24 خرداد بر حضرت ایت الله العظمی صافی گلپایگانی مد ظله العالی ثابت گردید و جمعه 25 خرداد 1397 عید سعید فطر و برابر با اول...
دوشنبه: 1397/04/4 - (الاثنين:11/شوال/1439)

Inheritance of the first group

 

2740. If out of the first group, there is only one heir of the deceased, for example, father or mother or only one son or only one daughter, he/she inherits the entire estate, and, if there are more than one son or daughter, the estate will be divided among them equally. And if there is one son and one daughter, the estate will be divided into three shares and two shares will be given to the son and one share will be given to the daughter. And if there are more than one son and more than one daughter, the estate is divided among them in such a way, that each son gets twice the share of each daughter.

2741. If the father and the mother of deceased are his only heirs, the estate is divided into 3 parts, out of which 2 parts are taken by the father and one by the mother. However, if the deceased has two brothers or four sisters, or one brother and two sisters, and are related to him from the side of the father, i.e. the father of these persons and of the deceased is same, although their mothers may be same or different, the effect of their presence on the inheritance is that, although they do not inherit anything in the presence of the father and the mother, but because of their presence, the mother gets 1/6 of the estate, and the rest is inherited by the father.

2742. If only the father, the mother and one daughter are the heirs of deceased, and he (the deceased) does not have two paternal brothers, or four paternal sisters, or one paternal brother, and two paternal sisters, the estate will be divided into 5 parts, out of which the father and the mother take one share each, and the remaining 3 shares are taken by the daughter.

 

And if the deceased has two paternal brothers, or four paternal sisters, or one paternal brother, and two paternal sisters, the estate will again be divided into 6 parts, father and mother will take one part each, and three parts will be taken by the daughter. As regards the remaining one part, it is again divided into 4 parts out of which one part is taken by the father and 3 by the daughter.
As a result, if the estate of the deceased is divided into 24 parts, out of which 15 are taken by the daughter, 5 by the father, and 4 by the mother.

2743. If the heirs of the deceased are his father, mother, and one son only, the property is divided into 6 parts, from which one part is taken by the father and one by the mother, and 4 by the son. And if the deceased has several sons or several daughters, they divide the said 4 parts equally among them. If, however, he has several sons and daughters, the 4 shares are divided among them in such a manner, that each son gets double the share of each daughter.

2744. If the heirs of deceased are only his father and one son, or mother and one son, the property is divided into 6 parts, from which one goes to the father or mother, and 5 to the son.

2745. If the deceased is survived by the father or the mother with his sons and daughters, the estate will be divided into 6 parts. One part is taken by the father or the mother, and the remaining 5 parts are divided among the sons and daughters, in such a manner that each son gets double the share of each daughter.

2746. If the heirs of deceased are only his father or mother and one daughter, his estate will be divided into four parts. Out of these one part is taken by the father or the mother, and the rest goes to the daughter.

2747. If the heirs of deceased are his father or mother and several daughters, the property is divided into 5 parts. One part is taken by the father or the mother, and the remaining 4 parts are equally divided among the daughters.

2748. If the deceased has no children alive, the child of his son gets a son’s share even if it be a daughter, and the child of his daughter gets a daughter’s share even if it be a son. For example, if the deceased has a grandson by his daughter, and a grand – daughter by his son, the property will be divided into 3 parts, from which one part will go to the grandson by his daughter, and 2 to the grand – daughter by his son.

 

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Monday / 25 June / 2018