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السَّلامُ عَلَيْكَ يَا أَبَا جَعْفَرٍ مُحَمَّدَ بْنَ عَلِيٍّ الْبَرَّ التَّقِيَّ الْإِمَامَ الْوَفِيَّ أیُّهَا الجَواد یابنَ رَسُولِ اللّهِ.   مجلس عزاداری و سوگواری شهادت جانسوز حضرت محمد بن علی الجواد علیهما‌السلام با حضور علماء،...
چهارشنبه: 1397/05/24 - (الأربعاء:3/ذو الحجة/1439)

Inheritance of the third group

 

2764. The third group of heirs consists of paternal uncle, paternal aunt, maternal uncle, maternal aunt and their children. As mentioned above, the persons constituting this group inherit when none of the persons belonging to the first two categories is present.

2765. If the only heir of the deceased is one paternal uncle or aunt (whether he or she be the real, paternal or maternal brother or sister of his father), he or she inherits the entire estate. And if there are some paternal uncles alone, or aunts alone of the deceased, and they are all real or paternal brothers and sisters of his father, the estate will be divided equally among them.
And if the survivors are several paternal uncles together with the aunts of the deceased and all of them are the real or the paternal brothers and sisters of his father, then the paternal uncle will get twice the share of the paternal aunt.
For example, if two paternal uncles and one paternal aunt are the heirs of the deceased, the estate will be divided into 5 parts, from which the paternal aunt will get one part, and the two paternal uncles will divide the remaining 4 parts equally between them.

2766. If the only heir of the deceased is the maternal brother or sister of his father, the estate will be divided equally among them.

2767. If the heirs of deceased are his paternal uncles and paternal aunts, some of whom are the real brothers and sisters of his father, while others are paternal or maternal half brothers and sisters of his father, those who are paternal half brothers and sisters of his father will not inherit anything.
And if the deceased is survived by one paternal uncle or one paternal aunt, who are the maternal half-brother and half-sister of his father, the estate will be divided into six parts, from which one part will be taken by the paternal uncle or paternal aunt of the deceased, who are maternal half-brother and half-sister of the deceased father, and the remaining will be taken by the real paternal uncles and paternal aunts of the deceased. The real paternal uncle will inherit twice the share of the real paternal aunt.

 

But, if the deceased happens to have those paternal uncles together with paternal aunts who are the maternal half brothers and sisters of his father, the estate will be divided into 3 parts, from which 2 parts will be taken by the real paternal uncles and real paternal aunts of the deceased. The real paternal uncle will inherit twice the share of the real paternal aunt.
Then the remaining one part will be taken by those paternal uncles and paternal aunts of the deceased person, who are the maternal half brothers and sisters of his father, which will be divided among them equally. However, as per precautionary measure, they should effect a compromise between them.

2768. If a deceased has only one maternal uncle or only one maternal aunt, he or she inherits the entire estate. And if he has a maternal uncle together with the maternal aunt (whether they be the full, or the paternal, or the maternal half brothers and sisters of his mother), the estate should be divided equally among them and observing precaution should not be ignored in this respect.

2769. If the deceased is survived by one maternal uncle or maternal aunt, who is maternal half-brother and half-sister of his mother, along with real maternal uncle and aunt and also a maternal uncle and aunty, who are paternal half-brother and half-sister of his mother, those who are paternal half-brothers and half-sisters of his mother will not inherit anything. The estate will be divided into six parts; from which one part will be given to maternal uncle or aunt, who is half-brother or half-sister of the deceased mother, and the remaining part will be given to the real maternal uncle or aunt, and as per precautionary measure they should effect a compromise among them.

2770. If the heirs of the deceased are his maternal uncles and maternal aunts, some of whom are real brothers and sisters of his mother, while others are paternal and maternal half-brothers and half-sisters of the deceased mother, those who are paternal half-brothers and half-sisters of his mother will not inherit anything. The estate will be divided into three parts; one part will be taken by those maternal uncles and maternal aunts of the deceased person, who are the maternal half brothers and sisters of his mother, which will be divided among them equally. And the remaining two parts will be given to the real maternal uncles and real maternal aunts of the deceased, and as per precautionary measures, they should effect a compromise between them.

2771. If the heirs of deceased are one maternal uncle or one maternal aunts with one paternal uncle, or one paternal aunts, then the estate will be divided into three parts; from which one part will be taken by the maternal uncle, or maternal aunt and the remaining part will go to the paternal uncle, or paternal aunt.

2772. If the heirs of the deceased are one maternal uncle, or one maternal aunt together with paternal uncle and paternal aunt, and if they are real paternal uncle and the real paternal aunt or paternal uncle or aunt, who is paternal half-brother or half

 

-sister of the deceased father, the estate will be divided into three parts. One part will be taken by the maternal uncle or the maternal aunt, and from the remaining estate two part will be given to the paternal uncle and one part will be given to the paternal aunt. Therefore, if the estate is divided into nine parts, three parts will be given to maternal uncle or maternal aunt, four parts will be given to the paternal uncle and two parts will be given to the paternal aunt.

2773. If the heirs of the deceased are one maternal uncle, or one maternal aunt together with one paternal uncle or one paternal aunt, some of whom are the real brothers and sisters of his father, while others are paternal or maternal half brothers and sisters of his father, the estate will be divided into three parts. One part will be given to the maternal uncle or the maternal aunt, and the remaining two parts will be further divided into six parts, from which one part will be given to the paternal uncle or aunt of the deceased, who are maternal half-brother or half-sister of his father, and the remaining five parts will be given to the real paternal uncle and real paternal aunt or to the paternal uncle and aunt, who are paternal half-brother and half-sister of his father, while paternal uncles will take twice the share of the aunts. Therefore, if the estate is divided into nine parts, three parts will be given to maternal uncle or maternal aunt, one part will be given to the paternal uncle or aunt, who are maternal half-brother or half-sister of his father, and the remaining five parts will be given to the real paternal uncle and real paternal aunt or to the paternal uncle and aunt, who are paternal half-brother and half-sister of his father.   

2774. If the heirs of the deceased are one maternal uncle or one maternal aunt together with paternal uncles and paternal aunts, some of whom are the real brothers and sisters of his father, while others are paternal or maternal half-brothers and half-sisters of his father, the estate will be divided into three parts; one part will be given to the maternal uncle or the maternal aunt, and the remaining two parts of the estate will be further divided into three parts, from which one part will be given to the paternal uncles or paternal aunts, who are maternal half- brothers and half-sisters of the deceased's father, and which will be equally divided among them. And the remaining two parts will be given to the real paternal uncles and real paternal aunts or to the paternal uncle and paternal aunt, who are paternal half-brothers and half-sisters of his father, paternal uncles will inherit twice the share of the paternal aunts. Therefore, if the estate is divided into nine parts, three parts of the estate will be given to the maternal uncle and aunt, and two parts will be given to the paternal uncles and paternal aunts, who are maternal half-brothers and half-sisters of his father, and the remaining four parts will be given to the real paternal uncles and real paternal aunts or to the paternal uncles and paternal aunts, who are paternal half-brothers and half-sisters of his father.  

    

2775. If the heirs of the deceased are several maternal uncles and several maternal aunts, and all of them are either the real brothers and sisters of his mother, or are paternal or maternal half-brothers and half-sisters of his mother, together with his real paternal uncles and real paternal aunts, the estate will be divided into three parts; two of these parts will be divided between the real paternal uncles and real paternal aunts, in the manner already mentioned in the foregoing rulings, and the remaining one part will be given to the maternal uncles and aunt, and will be divided among them equally.

2776. If the heirs of the deceased are maternal uncles or maternal aunts, who are the maternal half-brothers and half-sisters of his mother, and several real maternal uncles and real maternal aunts or maternal uncles or maternal aunts, who are the paternal half-brothers and half-sisters of his mother, together with real paternal uncles and real paternal aunts, the estate will be divided into three parts; two of these parts will be divided between the real paternal uncles and real paternal aunts, in the manner already mentioned. Therefore, if the heirs of the deceased are one maternal uncle or maternal aunt, who are the maternal half-brother and half-sister of his mother, the remaining one part of the estate will be further divided into six parts, and from that, one part will be given to maternal uncle or maternal aunt, who are the maternal half-brother and half-sister of his mother. And the remaining parts of the estate will be given to the real maternal uncles and real maternal aunts, or to the maternal uncles and maternal aunts, who are the paternal half-brother and half-sister of his mother, and as per precautionary measures, while dividing the shares they should effect a compromise between them.

2777. If the deceased is not survived by paternal uncle, and paternal aunt and maternal uncle and maternal aunt, the share to which the paternal uncle and the paternal aunt are entitled will go to their descendants, and the share to which the maternal uncle and maternal aunt are entitled will go to their descendants.

2778. If the heirs of the deceased are paternal and maternal uncles and aunts of his father, and paternal and maternal uncles and aunts of his mother, the estate will be divided into 3 parts. One part will be given to the paternal and maternal uncles and aunts of his mother, to be divided among them equally, though a precaution by way of compromise should not be ignored.
The remaining 2 parts, the same will be again divided into 3 parts. One part will be divided as above between the father's maternal uncle and aunt, and the remaining 2 parts will be divided as above between the father's paternal uncle and aunt.

 

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Wednesday / 15 August / 2018