Family Law Ii Assignment V

Apply Shia Law of inheritance in the below mentioned situations, with the given relatives
as the living heirs of the deceased.

1. A Shia Muslim dies leaving a daughter’s son, a father’s mother and a full brother
Daughter’s Son (lineal descendants) is Class I heir, Father’s mother (grandparents) and full
brother are Class II heir. According to general principles, Class I heir will exclude Class II
and III. So Daughter’s son will inherit the property.
2.
a. Brother’s daughter – heir of second class
b. Full paternal uncle –heir of 3rd class –excluded
Brother’s daughter is Class II heir and full paternal uncle is Class III heir. According to
general principles, Class II heir will exclude Class III. So Brother’s daughter will exclude
full paternal uncle and will inherit the whole property.

3.
a. Grand father
b. Grand mother
c. Great grand father
d. Brother
e. Brother’s son
All belong to Class II heirs. So, the nearer one will exclude the remorter one.
Great Grandfather will be excluded by Grandfather and Brother’s Son will be excluded by
Brother.
4.
a. Husband
b. Mother
c. Father
Husband takes 1/2 as no lineal descendant is present. Mother takes 1/3 since no conditions are
met for her to get 1/6. Father will be a residuary as no lineal descendant is there and will take
the remaining 1/6.
5.
a. Wife
b. Mother
c. Father
Wife gets 1/4 (7/12) as no lineal descendant is there. Mother gets 1/3 (4/12) since no conditions
are met for her to get 1/6. Father will be a residuary as no lineal descendant is there and will
take the remaining 5/12.
6.
a. Father’s father
b. Father’s mother
c. Mother’s father
d. Mother’s mother
All are Class II heirs.
According to rules for Class II heirs, Paternal Grandparents get 2/3 and maternal grandparents
get 1/3.
Paternal grandparents (Father’s father and father’s mother) divide the share by Rule of
Double Portion. So Father’s father will be ‘2x’ and Father’s mother will be ‘x’.
2x + x = 2/3
3x = 2/3
x = 2/9, 2x = 4/9
Father’s father will get 4/9 and father’s mother will get 2/9.
Maternal grandparents divide the share of 1/3 equally as they do not apply rule of double
portion. Mother’s father and Mother’s mother get 1/6 each.
7.
a. Father’s father
b. Mother’s mother
c. Mother’s father
According to rules for Class II heirs, Paternal Grandparents get 2/3 and maternal grandparents
get 1/3.
So Father’s father will get 2/3.
Mother’s father and mother’s mother divide the share of 1/3 equally as they do not apply rule
of double portion. Mother’s father and Mother’s mother get 1/6 each.
8.
a. Husband
b. Full sister
c. Con B
Husband gets 1/2 as no lineal descendant is there. Full sister will get 1/2 individually.
Consanguine brother will be excluded because of the presence of full sister.
9.
a. Wife
b. Con. Brother
c. Con. Sister
Wife gets 1/4 as no lineal descendant is there. Consanguine sister becomes a residuary along
with consanguine brother and will take the remaining 3/4 according to Rule of Double
Portion. Consanguine brother will be ‘2x’ and consanguine sister will be ‘x’
2x + x = 3/4
3x = 3/4
x = 1/4, 2x = 1/2
So, consanguine brother will take 1/2 and consanguine sister will take 1/4.
10.
a. Paternal GF
b. Full sister
Both are Class II heirs.
Full sister is excluded in the presence of full brother and father’s father. So, father’s father
and full sister will become residuary.
Paternal Grandfather will be ‘2x’ and full sister will be ‘x’
2x + x = 1
3x = 1
x = 1/3, 2x = 2/3
So, paternal grandfather will take 2/3 and full sister will take 1/3.

11.
a. Pat. GF
b. Mat. GF
c. Cons. brother
According to Rules applicable to Class II, Paternal GF will be counted as Consanguine brother
and Maternal GF as Uterine Brother. So, 2 Consanguine brothers and 1 uterine brother are
present.
Uterine Brother gets 1/6 individually and the two consanguine brothers will take the remaining
5/6 as residuaries equally (5/12 each)
12.
a. Full Brother
b. Full sister
c. Father’s father
d. Father’s mother
e. Mother’s father
f. Mother’s mother
Full sister becomes residuary along with Full brother.
According to Rules applicable to Class II, Paternal GF (Father’s father) will be counted as Full
brother, Paternal GM (Father’s mother) as Full sister, Maternal GF (Mother’s mother) as
Uterine Brother and Maternal GM (Mother’s mother) as Uterine sister.
So, there are 2 Full Brothers, 2 Full Sisters and 2 Uterine Brother/Sister.
2 Uterine Brother/Sister will take 1/3 collectively.
2 Full Brothers and 2 Full Sisters will take the remaining 2/3 by way of Double Portion Rule.
2x + 2x + x + x = 2/3
6x = 2/3
x = 1/9, 2x = 2/9
So, both Full Brothers get 2/9 each and both Full Sisters get 1/9 each.
13.
a. Husband- ½
b. Father’s father
c. Full brother’s son
Husband gets 1/2 as there is no lineal descendant. Father’s Father and Brother’s son are Class
II heirs. According to Rules applicable to Class II, Paternal GF (Father’s father) will be
counted as Full brother.
If there are no brothers or sisters, the children of brothers and sisters take their place and such a
person will be considered as a Full brother.
So the remaining 1/2 will be shared by 2 Full brothers equally as 1/4 each. (Father’s father
and Full Brother’s Son).

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Family Law Ii Assignment V

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Apply Shia Law of inheritance in the below mentioned situations, with the given relatives

as the living heirs of the deceased.

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