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Chapter thirty-eight » Inheritance of husband and wife → ← Chapter thirty-eight » Inheritance of the second group

Chapter thirty-eight » Inheritance of the third group

Ruling 2773. The third group of heirs consists of paternal uncles, paternal aunts, maternal uncles, maternal aunts, their offspring, and grandchildren. The persons in this group inherit when none of the persons belonging to the first two groups are alive.

Ruling 2774. If the only heir of the deceased is one paternal uncle or one paternal aunt, irrespective of whether he or she is the full paternal uncle/aunt – i.e. he or she is from the same father and mother as the deceased’s father – or he or she is the paternal half-uncle or paternal half-aunt from the father’s side [i.e. a paternal half-brother/sister of the deceased’s father] or the paternal half-uncle or paternal half-aunt from the mother’s side [i.e. a maternal half-brother/sister of the deceased’s father], he or she inherits the entire estate. If there is more than one paternal uncle, or more than one paternal aunt, and all of them are full paternal uncles/aunts, or all are paternal half-uncles/aunts from the father’s side or all are paternal half-uncles/aunts from the mother’s side, the estate is divided equally among them. If there is both a paternal uncle and a paternal aunt, each paternal uncle receives twice the share of each paternal aunt.

Ruling 2775. If the heirs of the deceased are paternal uncles and paternal aunts, some of them being paternal half-uncles/aunts from the father’s or mother’s side and others being full paternal uncles/aunts, then the paternal half-uncles/aunts from the father’s side do not inherit. Therefore, if the deceased has one paternal half-uncle or one paternal half-aunt from the mother’s side, the estate is divided into six parts: one part is given to the paternal half-uncle/aunt from the mother’s side and the rest is given to the full paternal uncles/aunts. If they are not alive, it is given to the paternal half-uncles/aunts from the father’s side. If the deceased has both a paternal half-uncle and a paternal half-aunt from the mother’s side, then the estate is divided into three parts: two parts are given to the full paternal uncles/aunts, and if they are not alive it is given to the paternal half-uncles/aunts from the father’s side, and one part is given to the paternal half-uncles/aunts from the mother’s side. In each case, the paternal uncle receives twice the share of the paternal aunt.

Ruling 2776. If the deceased has only one maternal uncle or only one maternal aunt, he or she inherits the entire estate. If he has both a maternal uncle and a maternal aunt, whether they be full – i.e. they share the same father and mother with the deceased’s mother – or they be half-maternal uncles/aunts from either the father’s or mother’s side, then it is not farfetched that the maternal uncle inherits twice the share of the maternal aunt. But it is also probable that they inherit equally. Therefore, based on obligatory precaution, they must arrive at a settlement on the extra amount.

Ruling 2777. If the only heirs of the deceased are one or more maternal half-uncles and maternal half-aunts from the mother’s side, and full maternal uncles and maternal aunts, and maternal half-uncles and maternal half-aunts from the father’s side, then for the maternal half-uncles and maternal half-aunts from the father’s side to not inherit is problematic. In any case, the maternal half-uncle or maternal half-aunt from the mother’s side, if there is only one of them, receives one-sixth, and if there are more than one, they receive one-third of the estate. The remainder is given to the maternal half-uncle or maternal half-aunt from the father’s side or the full maternal uncle and maternal aunt. In each case, it is probable that the maternal uncle inherits twice the share of the maternal aunt; however, based on obligatory precaution, they must arrive at a settlement.

Ruling 2778. If the heirs of the deceased are one or more maternal uncles, or one or more maternal aunts, or a maternal uncle and a maternal aunt with one or more paternal uncles or paternal aunts, or a paternal uncle and a paternal aunt, then the estate is divided into three parts: one part is given to the maternal uncle or maternal aunt or both of them, and the remainder is given to the paternal uncle or paternal aunt or both of them. The method of distribution among each group has already been mentioned.

Ruling 2779. If the deceased does not have any living paternal uncles or paternal aunts, or maternal uncles or maternal aunts, then their shares pass on to their offspring. Therefore, if the deceased has one female cousin from his paternal aunt and some male cousins from his maternal uncle, the female cousin receives two-thirds and the male cousins receive one-third to be divided equally among them. This group – i.e. the children of paternal and maternal uncles and aunts – have priority over the deceased’s father’s and mother’s paternal and maternal uncles and aunts.

Ruling 2780. If the heirs of the deceased are his father’s and mother’s paternal and maternal uncles and aunts, the estate is divided into three parts: one part is inherited by the deceased’s mother’s paternal and maternal uncles and aunts; in this regard, whether each of them receives an equal share or whether the males receive twice the share of the females is a matter of disagreement [amongst jurists]. Therefore, the obligatory precaution is that they must arrive at a settlement. The remaining two parts is divided into three parts: one part is received by the deceased’s father’s maternal uncle and maternal aunt to be divided between them in the same manner that was mentioned, and the remaining two parts is received by the deceased’s father’s paternal uncle and paternal aunt to be divided between them in the same manner that was mentioned.
Chapter thirty-eight » Inheritance of husband and wife → ← Chapter thirty-eight » Inheritance of the second group
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