Liaison office of Grand Ayatullah Sayyid Ali Al Sistani (L.M.H.L) in London, Europe, North and South America.
2740. If out of the first group, there is only one heir of the
deceased (for example, father or mother or only one son or only one daughter)
he/she inherits the entire estate, and, if there are more than one sons or
daughters, the estate is divided among them in such a way, that each son gets
twice the share of each daughter.
2741. If the father and the mother of deceased are his only heirs, the
estate is divided into 3 parts, out of which 2 parts are taken by the father and
one by the mother. If, the deceased has two brothers or four sisters, or one
brother and two sisters, who are Muslims and are related to him from the side of
the father (i.e. the father of these persons and of the deceased is same,
although their mothers may be different), the effect of their presence on the
inheritance is that, although they do not inherit anything in the presence of
the father and the mother, the mother gets 1/6 of the estate, and the rest is
inherited by the father.
2742. If only the father, the mother and one daughter are the heirs of
deceased, and he (the deceased) does not have two paternal brothers, or four
paternal sisters, or one paternal brother, and two paternal sisters, with the
conditions already explained, the estate will be divided into 5 parts, out of
which the father and the mother take one share each, and the remaining 3 shares
are taken by the daughter.
And if the deceased has two paternal brothers, or
four paternal sisters, or one paternal brother, and two paternal sisters, the
estate will again be divided into 5 parts, as the presence of these persons will
have no effect.
But it is commonly held by the Fuqaha that, in such
situation, the estate will be divided into six parts. Father and mother will
take one part each, and three parts will be taken by the daughter. As regards
the remaining one part, it is again divided into 4 parts out of which one part
is taken by the father and 3 by the daughter.
As a result, the estate of the
deceased is divided into 24 parts, out of which 15 are taken by the daughter, 5
by the father, and 4 by the mother. But this verdict is not without Ishkal, and
therefore precaution must be exercised while allocating one-fifth or one-sixth
of the mother's share.
2743. If the heirs of the deceased are his father, mother, and one son
only, the property is divided into 6 parts, from which one part is taken by the
father and one by the mother, and 4 by the son. And if the deceased has several
sons or several daughters, they divide the said 4 parts equally among them. If
however, he has several sons and daughters, the 4 shares are divided among them
in such a manner, that each son gets double the share of each daughter.
2744. If the heirs of deceased are only his father or mother and one
or several sons, the property is divided into 6 parts, from which one goes to
the father or mother, and 5 to the son. If there are more than one sons, they
divide those 5 parts equally among them.
2745. If the deceased is survived by the father or the mother with his
sons and daughters, the estate will be divided into 6 parts. One part is taken
by the father or the mother, and the remaining 5 parts are divided among the
sons and daughters, in such a manner that each son gets double the share of each
daughter.
2746. If the heirs of deceased are only his father or mother and one
daughter, his estate will be divided into four parts. Out of these one part is
taken by the father or the mother, and the rest goes to the daughter.
2747. If the heirs of deceased are his father or mother and several
daughters, the property is divided into 5 parts. One part is taken by the father
or the mother, and the remaining 4 parts are equally divided among the
daughters.
2748. If the deceased has no children, the child of his son gets a
son's share even if it be a daughter, and the child of his daughter gets a
daughter's share even if it be a son. For example, if the deceased has a
grandson by his daughter, and a grand-daughter by his son, the property will be
divided into 3 parts, from which one part will go to the grandson by his
daughter, and 2 to the grand-daughter by his son.