Rafed English

Property Inherited by the Husband and wife

2778. If a woman dies without any children. 1/2 of her property is taken by her husband and the remaining 1/2 is taken by her other heirs. In case, however, she has children from that or some other husband, her husband gets 1/4 of the property and the remaining part is inherited by her other heirs.

2779. If a man dies childless, 1/4 of his property is taken by his wife, and the remaining part is taken by his other heirs. In case, however, the man has children from that or some other wife. the wife gets 1/8th of the property and the remaining part is inherited by his other heirs. A wife does not inherit anything from the land on which a house or a garden or crop is situated, or from any of her land, nor does she inherit from the value of such lands. She does not also inherit from the things situated within the space of the house (for example, buildings and trees), but inherits from their value. The same rule applies to the trees 'Ind crops and buildings situated in the land of a garden and agricultural land and other lands.

2780. If the wife wishes to appropriate things from which she does not inherit (for example, the land of a residential house) she should obtain the permission of other heirs to do so. Further ". it is not permissible for other heirs to appropriate, without the permission of the wife, those things from which she inherits (for example, buildings and. trees), unless her share from those things has been paid to her by them.

2781. If it is desired to evaluate buildings and trees and other similar things it should be calculated as to how much value they should have, it they remain on the land without lease till they perish and the share of the wife should be given on the basis of that value.

2782.The place on which the canals now falls under the category of land. and the bricks etc. used on it fall under the category of building.

2783. If a dead person has more than one wives and if he is childless 1/4 of the property and if he has children 1/8 of the property is divided equally between the wives in the manner explained above, even though the husband may not have had sexual intercourse with some or all of them. However, if he marries a woman during an illness as a consequence of which he dies, but does not have sexual intercourse with her, that woman does not inherit from him and she is also not entitled to dower (Mehr).

2784. If a woman marries a man during illness and dies as a consequence of that illness, her husband inherits from her even though he may not have had sexual intercourse with her.

2785. If a woman is given revocable divorce in the manner explained in the orders relating to 'divorce' and she dies during the waiting period of divorce (Iddah) her husband inherits from her. Furthermore, if the husband dies during the period of that Iddah the wife inherits from him. However, if one of them dies after the expiry of that period (Iddah) or during the period (Iddah) of irrevocable divorce the other does not inherit from him/her.

2786. If a husband divorce his wife during illness and dies before the expiry of twelve lunar months, the wife inherits from him on the fulfillment of three conditions:

(i) That she has married another man during this period and if she marries another man during that period precaution is that they should make a compromise tie. the heirs of the dead person should make a compromise with the woman).

(ii) That owing to her disliking the husband she has not given him anything so that he may divorce her. Rather even if she has not given anything to the husband but the divorce has taken place on her demand, it is difficult that she should be entitled to inherit from him.

(iii) That the husband died during the illness in whichhe divorced her on account of that illness or some other reason. In case, therefore, he recovers from that illness and dies owing to some other cause, the woman does not inherit from him.

2787. The dress which a husband gives his wife to wear is to be treated as a part of his property after his death even though the wife may have worn it.

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