Rafed English

Inheritance of the Second Group

2749. The second group of persons, which inherits, on the basis of relationship, consists of paternal grandfather, paternal grand mother, brothers and sisters and, if the dead person does not have brothers and sisters, their children inherit the property.

2750.If the heir of a dead person is only one brother or only one sister, he or she inherits the entire property and in case he has several real brothers or several real sisters they divide the property equally among themselves. If, however, he has some real brothers and some real sisters, every brother gets double the share of a sister. For example, if he has two real brothers and one real sister the property will be divided into 5 parts and each brother will get 2 parts and the sister will get one.

2751.If a dead person has real brothers and sisters his paternal brothers and sisters (whose mother is the stepmother of the dead person) do not inherit his property. And if he has no real brothers or sisters, and has only one paternal brother or only one paternal sister, the entire property is inherited by him or her. And if he has many paternal brothers or many paternal sisters, the property is divided between them equally. And, in case he has paternal brothers as well ar paternal sisters, every brother gets double the share of every sister.

2752.If the only heir of a dead person is one maternal sister or one maternal brother (who is stepsister or stepbrother of the dead person from father's side) she or he gets the entire property. And if he has some maternal brothers or some maternal sisters or some maternal brothers and sisters. the property is divided equally among them.

2753. If the dead person has real brothers and sisters and paternal brothers and sisters and one maternal brother of one maternal sister. the paternal brothers and sisters do not inherit. In this case the property is divided into 6 parts, out of which one part is inherited by the maternal brother or sister and the remaining 5 parts are divided by the real brothers and sisters among themselves in such a manner that every brother gets double the share of every sister.

2754. If a dead person has real brothers and sisters and paternal brothers and sisters and some maternal brothers and sisters the paternal brothers and sisters do not inherit. In this case the property is divided into 3 parts out of which one part is divided by the maternal brothers and sisters equally among themselves and the remaining 2 parts are divided among the real brothers and sisters in such a manner that every brother gets double the share of every sister.

2755. If the only heirs of a dead person are his paternal brothers and sisters and one maternal brother or one maternal sister. the property is divided into 6 parts One part is given to the maternal brother or the maternal sister and the remaining parts are divided among the paternal brother and sisters in such a manner that every brother gets double the share of every sister.

2756. It the only heirs of a dead person are his paternal brothers and sisters and some maternal brothers and sisters, the property is divided into 3 parts. One part is divided among the maternal brothers and sisters equally and the remaining 2 parts are divided among the paternal brothers and sisters in such a manner that every brother gets double the share of every sister.

2757. If the brother, the sister and the wife of a dead person are his only heirs. the wife gets her inheritance in the manner which will be narrated later and the sister and brother get their inheritance as stated in the foregoing Articles. Furthermore, if a woman dies and her only heirs are her sister, her brother and her husband, the husband gets half of the property and the sister and the brother inherit as explained earlier. However. nothing is reduced from the share of maternal brother and sister and reduction does take place in the share of the real brother and sister or the paternal brother and sister on account of husband and wife inheriting the property. For example, if the heirs of a dead person are her husband. maternal brother and sister and teal brother and sister half of the property goes to the husband and one part out of the three parts of real property is given to the maternal brother and sister and whatever remains is the property of the real brother and sister. Hence, if the total property of the dead person is $ 6, $ 3 goes to the husband, $ 2 are taken by the maternal brother and sister and $ 1 falls to the share of the real.brother and sister.

2758. If a dead person does not have sister and brother their share of the inheritance is given to their descendants and the share of maternal brother's child and maternal sister's child is divided between them equally. And as regards the share of the paternal brother's child and paternal sister's child and real brother's child and real sister's child, according to what is well-known every son gets twice as much as the daughter. although it is not unlikely that they too may get equal shares and it is better they should resort to compromise.

2759. If the heir of the dead person is only one grandfather or one grandmother, whether paternal or maternal, the entire property goes to him and the great grandfather of the dead person does not inherit in the presence of his/her grandfather. And if only the paternal grandfather and paternal grandmother of the dead person are his/her heirs the property is divided into 3 parts out of which 2 parts are taken by the grandfather 'd one part is taken by the grandmother. And in case the maternal grandfather and maternal grandmother are the heirs the property is divided between them equally.

2760. If the heirs of the dead person are one out of paternal grandfather or paternal grandmother and one out of maternal grandfather or maternal grandmother the property is divided into 3 parts. Out of these 2 parts go to the paternal grandfather " paternal grandmother and one part goes to the maternal grandfather or maternal grandmother.

2761. If the heirs of the dead person are his/her paternal grand father and paternal grandmother and maternal grandfather and maternal grandmother the property is divided into 3 parts. One of these parts is divided equally between the maternal grandfather and the maternal grandmother and the remaining 2 parts go to the paternal grandfather and the paternal grand mother out of which the paternaL grandfather gets 2/3 and the paternal grandmother 1/3.

2762. If the only heirs of a dead person are his wife and his paternal grandfather and grandmother, and his maternal grand father and grandmother, his wife. gets her. inheritance in the "' which will be explained later. And one of the 3 parts of the real property of the deceased is given to the maternal grandfather End grandmother, who divide it equally between them, and the remaining part is given to the paternal grand father and grandmother and the paternal grandfather gets twice as much as the paternal grandmother. And if the heirs of the dead person are her husband and her paternal or maternal grandfather and grandmother, the husband gets half of the property and the grandfather and the grandmother get their inheritance in the manner mentioned in the previous Articles.

2763. There are a few ways of combination of brother or sister or brothers or sisters with paternal grandfather or paternal grandmother or maternal grandfather or maternal grandmothers or paternal or maternal grandfathers and grandmothers:

(i) That the maternal grandfather or grandmother and brother or sister are from the mother's side. In that event the property is divided among them equally though they are of different sex.

(ii) That with paternal grandfather or grandmother the brother and sister are from the side of the mother. In that case also the property is divided among them equally provided that all of them are males or all of them are females. And in case they are different every male gets twice as much as the female.

(iii) That with the paternal grandfather or the grandmother the brother or sister are from the side of mother and father. The order applicable in the previous case also applies in the present case. And it should be remembered that if the paternal brother or sister of the dead person is combined with real brother of sister those who are paternal do not inherit alone, but all of them inherit.

(iv) That there are paternal or maternal grandfathers or grandmothers whether.all of them are males or females or they are different and similarly there are maternal and paternal brothers and sisters. In this case 1/3 of the inheritance is for the maternal relatives and it is.divided equally among them although they may be different as regards sex. And 2/3 of the inheritance is for the paternal relatives, among whom every male gets twice as much as a female. And if there is no difference of sex among them and all of them are males or all of them are females it is divided equally among them.

(v) That paternal grandfather or grandmother are combined with maternal brother or sister. In this case if there is only one brother or sister he/she gets 1/6 of the property and if they are many, 1/3 of the property is divided among them equally, and what remains goes to the paternal grandfather or the grand mother and if both the grandfather and the grandmother are there, the grandfather gets twice as much as the grandmother.

(vi) That maternal grandfather and grandmother and paternal brother are combined. In this case 1/3 goes to the grandfather or the grandmother, although he/she may be one only and 2/3 goes to the brother although he. too, may be one only. In case there is a paternal sister with the maternal grandfather or the grandmother and if she is alone she gets 1/2 of the property and if there are several sisters they get 2/3 of it. And in every case the share of the paternal grandfather and grandmother is 1/3. And on the basis of this if there is one sister only 1/6 'mains after giving the shares of all, and the obligatory precaution is that compromise should be made.

(vii) 'That there are some paternal and some maternal grandfathers or grandmothers and with them there is one maternal or paternal brothers or these are several of them.In this case the share of the maternal grandfather or grandmother is 1/3 and if they are more than one it is divided among them equally although they may be different in the matter of sex. And the remaining 2/3 of the inheritance is for the paternal grandfather or the paternal grandmother and the paternal brother or the paternal sister. and the case of difference of sex the property is divided according to sex. and it is distributed equally, if there is no such difference. And if there is a maternal brother or maternal sister with those paternal or maternal grandfathers or grand mothers, the share of the maternal grandfather or maternal grandmother with the maternal brother or maternal sister is 1/3, which is divided among them equally although they may be different from one another in the matter of sex. And the share of the paternal grandfather or paternal grandmother is 2/3 which is divided among them with difference in the case of difference of sex and otherwise equally.

(viii) That there are brothers and sisters some of whom are paternal and others are maternal, and there are paternal grand father or paternal grandmother with them. In this case the share of the maternal brother or maternal sister is 1/6 if he/she if alone and 1/3 if there are many of them and it is divided equally among them when there is no difference among them in the matter of sex; and in case they are of different sex it is divided among them with the usual difference. And as regards the paternal brother or paternal sister and the paternal grand father and paternal grandmother the remaining inheritance goes to them and is divided among them equally if there is no difference between them in the matter of sex and with usual difference if they are of different sex. And if there is a maternal grandfather or maternal grandmother with those brothers or sisters the total share of the maternal grandfather and maternal grandmother with maternal brother and maternal sister is 1/3 and is divided equally among them and the share of the paternal brother or paternal sister is 2/3 which is divided among them with difference if there is difference between them in the matter of sex and equally if there is no such difference.

2764. If the dead person has brothers or sisters, his/her brother's or sister's children do not inherit. However this order does not apply when the inheritance of brother's child or sister's child does not clash with that of brother or sister. For example. if the dead person has paternal brother and maternal grandfather the paternal brother inherits 2/3 and the maternal grandfather inherits 1/3 of the property. And in this case if the dead person has a son of the maternal brother as well, the brother's son joins the maternal grandfather in the 1/3 of the property.

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