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Rules of inheritance 4.

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Rules of inheritance 4.

2021. április 03. - 19:28

 

Who can be heirs?

Men: 1. son 2. son's son (grandson) 3. father 4. paternal grandfather 5. brother 6. father's brother (uncle) 7. mother's brother 8. brother's son 9. paternal uncle's son 10. brother of paternal uncle 11. father's uncle 12. son of father's uncle's brother 13. father's cousin 14. husband 15. guardian.

Women: 1. daughter 2. daughter's daughter (granddaughter) 3. mother 4. maternal grandmother 5. paternal grandmother 6. sister 7. father's sister (aunt) 8. mother's sister 9. wife 10. female guardian. The above is extended, if necessary, with family members, uncles and aunts in the broadest sense, both on maternal and paternal branches, and their relatives.

Calculation of inheritance

If we are aware of the ratios of the distribution according to the Quran, the calculation of the inheritance is as follows.
Consider the legacy as shares. In the first step, we define the number of shares. The second step is to calculate the value of a share.
In the simplest case, the number of shares is calculated by looking for the smallest fraction regarding legacy portions, so where denominator is the largest. These fractions, i.e., inheritance rates, are found in the Quran. Use the highest denominator. If this number can be divided with all other numbers in the denominators of the other fractions, it will be the number of shares. Then I define the number of the shares and their owners. I get this by multiplying the total number of shares by the ratios of the heirs.
The next step is to calculate the value of one share. To do that, I have to divide the value of the legacy by the number of shares. Multiplying that by the ratios, I get the allowance of all heirs.

1. example

A person dies and his father, his mother, his daughter's son are left behind. The legacy is 120 hectares of land. The largest number in the denominators of the fractions concerning the legacy is 6.
So, that's the number of shares. Multiplying the number of shares by the fractions related the legacy, we get the number of shares per capita, so for example, the mother is 6 x 1/6 = 1

Legacy totals 120 hectares, so 120 : 6 = 20, i.e., one share is worth 20 hectares.
From that it can be calculated that:
the part of the mother is 1 x 20 = 20 hectares
the father's part is 1 x 20 = 20 hectares
the part of the daughter is 3 x 20 = 60 hectares
the daughter's son 1 x 20 = 60 hectares

2. example

A person dies and two sisters of his father and two sisters of his mother are left behind. The legacy is 90 hectares of land.

The largest number in the denominators is 3, so we have 3 shares. The value of one share 90 : 3 = 30 hectares
The two sisters of father get 2 x 30 = 60 hectares
The two sisters of mother get 1 x 30 = 30 acres

3. example

A person dies and his mother, two daughters, wife and paternal uncle are left behind. The legacy is 360 hectares of land.

In this example, the largest number in the denominator does not provide a solution because the other numbers cannot be divided with it. Therefore, we need to find the smallest common multiple, which in this case is 3 x 8 = 24. The 24 is divisible by 6, 3, and 8 alike and there is no smaller common multiple. So, the number of shares is 24.
Value of one share: 360 : 24 = 15 hectares
the part of the mother is 4 x 15 = 60 hectares
the part of the two daughters 16 x 15 = 240 hectares, 120 hectares each t
he part of wife is 3 x 15 = 45 hectares
the part of the paternal uncle is 1 x 15 = 15 hectares

4. example

A person dies and his wife, mother and paternal uncle are left behind. The legacy is 96 hectares of land.

The smallest common multiple of the numbers in the denominators is 12, this will be the number of shares.
The value of one share is 96 : 12 = 8 hectares
the part of wife 3 x 8 = 24 hectares
the part of the mother is 4 x 8 = 32 hectares
the part of the paternal uncle is 5 x 8 = 40 hectares. Even though the paternal uncle is in the side branch, the rules in this case have given him most of the land.

5. example

A person dies and his wife, daughter and two sisters are left behind.

The number of shares will be 8. In this case, we see that the two sisters get a total of 3 shares, the division of which can lead to disputes. In order to alleviate the problem, the solution is to multiply the number of shares by two and in that case each participant will get an integer number of shares. Accordingly, the number of shares of the mother is changed to 2, of the daughter to 8, and of the two sisters to 6, (i.e., to 3 each). The total number of shares will be 16. Thus, the value of the legacy must be divided by 16 in order to obtain the value of one share and from this the value of legacy per capita is calculated.

6. example

A person leaves behind two wives, a mother, a daughter, and a brother

The smallest common multiple in the example is 24. In this case, however, this is not the number we can use. According to the rule, each wife's share is 1/8. We need to correct.
The way to do that is to multiply the number of our calculated shares by two, i.e., the number of wives. It is always considered as multiplier that occurs as plus in the number of heirs. So, 24 x 2 = 48. That will be the number of shares that we have to distribute in such a way that the number of shares of other heirs should also be corrected. Their shares also need to be doubled.
the number of shares of the two wives is 2 x 3 = 6
the number of shares of the mother is 2 x 4 = 8
the number of shares of the daughter is 2 x 12 = 24
the number of shares of the brother is 2 x 5 = 10

7. example

Father, mother and ten daughters are left behind.

In this example, 6 would be the number of shares, but it cannot be divided according to the above headcount and ratios. If 10 girls get 2/3, then 5 girls get 1/3. As in the previous example, 5 will be the adjustment number and multiplying with it the calculated number of shares, we get the corrected number of shares. This is 6 x 5 = 30. Then the number of shares of each heir is multiplied by 5 and we get what they are entitled to.
the part of father is 5 x 1 = 5 shares
the part of mother 5 x 1 = 5 shares
the part of daughters 5 x 4 = 20 shares. And from here, it’s easy to calculate that every daughter gets 2 shares.

8. example

The husband and five sisters are left behind. The husband is entitled for half of the legacy and the sisters for two-thirds.

The smallest common multiple of the denominators is 6, but this cannot be divided according to the above headcounts and proportions. Considering the above proportions, the legacy cannot be divided, as they make up more than the legacy as a whole. It therefore needs to be corrected. The common denominator of the ratios is 6, so the husband should receive 3/6 and the five sisters 4/6. This is a total of 7/6, which is not possible. On the other hand, 7 is good to be a correction point, so the shares need to be distributed in a 3 : 4 ratio, which is 7. So, the inheritance should be divided in a 3 : 4 ratios then the part of the sisters should be further divided into five.

The above are only examples to provide guidance on calculating the legacy. Of course, a myriad of additional corrections may also play a role, all depending on the case and the agreement of the heirs.

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