Rafed English

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 the property when none of the persons belonging to the first two groups is present.

2766.If the only heir of a dead person 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 property. And if there are some paternal uncles or aunts of the dead person and all of them are the real or paternal brothers and sisters of his father, the property is divided equally among them. And if there are some paternal uncles and aunts of the dead person and all of them are the real or the paternal brothers and sisters of his father, the well-known view is that the paternal uncle gets twice the share of the paternal aunt. For example, if two paternal uncles and one paternal aunt are the heirs of the dead person, the property will be divided into 5 parts, out of which the paternal aunt will get one part and the two paternal uncles will divide the remaining 4 parts equally between them. However, it is not unlikely that the property may be divided equally between them (i.e. between the paternal uncles and the paternal aunt).

2767.If the heirs of a dead person are some maternal uncles or some maternal aunts or one maternal uncle and one maternal aunt, the apparent view is that the property will be divided equally among them.

2768. If the heirs of a dead person are his paternal uncles and paternal aunts, out of whom some are the real brothers and sisters of his father and others are paternal or maternal brothers and sisters of his father, the paternal uncles and paternal aunts of the dead person, who are paternal brothers and paternal sisters of his father, do not inherit anything. And the well known view is that if the dead person has a paternal uncle or a paternal aunt, who are the maternal brother and sister of his father. the property is divided into 6 parts, out of which one part is taken by the paternal uncle or maternal aunt of the deceased, and the remaining is taken by the dead person's paternal uncles and paternal aunts, and, in case the dead person has no real paternal uncles and real paternal aunts, the remaining 5 parts are also taken by the paternal uncles and paternal aunts of the deceased, who are the maternal brothers or sisters of his father. And if the dead person happens to have also paternal uncles and paternal aunts, who are the maternal brothers and sisters of his father, the property is divided into 3 parts, out of which 2 parts are taken by the real paternal uncles and real paternal aunts of the dead person and in case there are no such uncles and aunts, they are taken by those paternal uncles and paternal aunts of the dead person who are the paternal brothers and sisters of his father, and one part is taken by those paternal uncles and paternal aunts of the dead person who are the maternal brothers and sisters of his father. It is not, however. unlikely that in both the cases the paternal uncles and paternal aunts of the dead person, who are the maternal brothers and sisters of his father, may also inherit like his other paternal uncles and paternal aunts and the property of the dead person may be divided equally among all his paternal uncles and paternal aunts.

2769. If a dead person has only one maternal uncle or only one maternal aunt, he or she gets the entire property. In case. however, he has many maternal uncles or maternal aunts (whether they be the real or the paternal or the maternal brothers and sisters of his mother), the property is divided among them equally.

2770. If the heirs of the dead person are only one or some maternal uncles and maternal aunts from the mother's side and real maternal uncle and real maternal aunt (i.e. from father's and mother's side) the maternal uncle and maternal aunt from the father's side do not inherit, and it is not unlikely that the remaining persons may share the property equally.

2771. If the heirs of the dead person are one or more maternal uncles or one or more maternal aunts or maternal uncle and maternal aunt, and one or more paternal uncles or one or more paternal aunts, or paternal uncle and paternal aunt, the property is divided into 3 parts out of which one part is taken by the maternal uncle or maternal aunt or both of them, and the remaining part goes to the paternal uncle or paternal aunt or both of them.

2772. If the heirs of the dead person are one maternal uncle or one maternal aunt and paternal uncle and paternal aunt and if the paternal uncle and the paternal aunt are real or from the father's side, the property is divided into 3 parts. One part is taken by the maternal uncle or the maternal aunt and as regards the remaining part what is well known is that 2/3 is given to the paternal uncle and 1/3 to the paternal aunt. On the basis.of this We property is divided into 9 parts out of which 3 parts are given to maternal uncle or maternal aunt, 4 parts are given to the paternal uncle and 2 parts. are given to he paternal aunt. However, it is not unlikely that the remainder may be divided equally between the paternal uncle and the paternal aunt.

2773. If the heirs of the dead person are one maternal uncle or one maternal aunt and one paternal uncle pr one paternal aunt from the mother's side and real paternal uncle and paternal aunt or paternal uncle and paternal aunt from mother's side the property is divided into 3 parts. Out of these one part is given to the maternal uncle or the maternal aunt and the remaining 2 parts are equally divided between the other heirs.

2774. If the heirs of a dead person are some maternal uncles and some maternal aunts all of whom are either real or from father's side, or from mother's side. and a paternal uncle and a paternal aunt, the property is divided into 3 parts. Out of these 2 parts are divided between the paternal uncle and the paternal aunt as mentioned above and one part is divided equally between the maternal uncles and the maternal aunts.

2775. If the heirs of a dead person are maternal uncle or maternal aunt from the mother's side and some maternal uncles and some maternal aunts who are real or from father's side (in case there are no real ones) and paternal uncle and paternal aunt, the property is divided into 3 parts. Two of these parts are divided between the paternal uncle and the paternal aunt in the manner already mentioned and it is not unlikely that the remaining heirs may get equal shares out of the 3rd part.

2776. If the dead person does not have paternal uncle and paternal aunt and maternal uncle and maternal aunt the share to which the paternal uncle and the paternal aunt are entitled goes to their descendants and the share, to which the maternal uncle and maternal aunt are entitled, goes to their descendants.

2777. If the heirs of a dead person are the paternal uncle and paternal aunt and maternal uncle and maternal aunt of his/her father and paternal uncle and paternal aunt and maternal uncle 'd maternal aunt of his/her mother the property is divided into 3 parts. One of these parts is divided between the paternal uncle and paternal aunt and maternal uncle and maternal aunt of his/her mother equally between them. As regards the remaining 2 parts the same are again divided into 3 parts. One part is divided equally between the maternal uncle and maternal aunt of the father of the dead person. and the remaining 2 parts are also divided equally between the paternal uncle and paternal aunt of the father of the dead person.

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