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Rules regarding will (Wasiyyat) » Inheritance by the husband and the wife → ← Rules regarding will (Wasiyyat) » Inheritance of the second group

Rules regarding will (Wasiyyat) » Inheritance of the third group

2765. 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.

2766.
If the only heir of 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.

2767.
If the heirs of a deceased are several maternal uncles or several maternal aunts, the estate will divide equally among them. And if the survivors are maternal uncles together with the maternal aunts, the uncles will receive twice the share of the aunts, though, as a precaution, the uncles should compromise from the excess they receive.

2768.
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 will not inherit anything. And if the deceased is also 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 6 parts, from which one part will be taken by the paternal uncle or paternal aunt of the deceased, and the remaining will be taken by the full real paternal uncles and paternal aunts of the deceased. If the deceased has no real full paternal uncles and real full paternal aunts, the remaining 5 parts will be taken by those paternal uncles and paternal aunts of the deceased who are the paternal half brothers or sisters of his father. 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, who are half paternal brothers and sisters of his father. 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. It is commonly held by the Fuqaha that the uncles and aunts who are maternally connected with the father of the deceased, should divide their share between them equally, but it may be true that the uncles will receive twice the share of the aunts - however, as a precaution, they should effect a compromise between them.

2769.
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 giving the uncle twice the share of the aunt. And since there is a probability that they should inherit equally, observing precaution should not be ignored in that respect.

2770.
If the heirs of the deceased are one or several maternal uncles, together with maternal aunts from the mother's side, and full maternal uncle and full maternal aunt, and also maternal uncles and aunts from the father's side, then to deprive the maternal uncle and maternal aunt from the father's side is a matter of Ishkal. In all the situations, the uncles will inherit twice the share of the aunts, but a precaution by way of compromise is recommended.

2771.
If the heirs of deceased are one or several maternal uncles, or one or several maternal aunts, or maternal uncle together with maternal aunt with one or several paternal uncles, or one or several paternal aunts, or paternal uncle together with paternal aunt, then the estate will be divided into 3 parts from which one part will be taken by the maternal uncle, or maternal aunt, or both of them, and the remaining part will go to the paternal uncle, or paternal aunt, or both of them.

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 full paternal uncle and the paternal aunt or related from the father's side, the estate will be divided into 3 parts. One part will be taken by the maternal uncle or the maternal aunt, and from the balance two parts of it, 3 will be given to the paternal uncle and one part will be given to the paternal aunt. Based on this calculation, the estate will be divided into 9 parts, from which 3 parts will be given to maternal uncle or maternal aunt, 4 parts are given to the paternal uncle and 2 parts are 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 half paternal aunt related from the mother's side together with full or half paternal uncles and aunts, the estate will be divided into 3 parts. One part will be given to the maternal uncle or the maternal aunt, and the remaining 2 parts will be equally divided between the paternal uncles and aunts, with uncles taking twice the share of the aunts, though precaution is recommended.

2774.
If the heirs of deceased are several maternal uncles and several maternal aunts, all of whom are either full or related from father's or mother's side, and also a paternal uncle and a paternal aunt, the estate will be divided into 3 parts. 2 parts will be divided between the paternal uncle and the paternal aunt as mentioned above, and one part will be divided equally between the maternal uncles and the maternal aunts as explained in rule no. 2770.

2775.
If the heirs of deceased is maternal uncle only, or if there are half maternal aunts related from the mother's side together with several maternal uncles and several maternal aunts who are either full or half related from father's side, and also paternal uncle and paternal aunt, the estate will be divided into 3 parts. Two of these parts will be divided between the paternal uncle and the paternal aunt, in the manner already mentioned, and quite likely, the remaining heirs will share the third part equally.

2776.
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.

2777.
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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