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Hassan's Wirasat Tutorial: Can The Mom Get More Than The Dad?
So as per Ustaad’s understanding, how does the inheritance work for a woman who is inherited by her husband, and parents? My understanding is that the husband gets 1/2 because there are no kids. The mother gets 1/3 because there are no kids. And father inherits the remaining 1/6. If, yes, then this case does appear somewhat anomalous in that the father gets less than the mother.
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8 Replies
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Hassan's Wirasat Tutorial: Can The Mom Get More Than The Dad?
updated 5 years, 7 months ago
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8
Replies
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Acoording to Ghamidi sahib the parents will get their share from the remaining after giving away the share of husband.
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True. My question is about the relative shares of the parents. Does the mother get 1/3 of the total? Or does the mother get 1/3 after the husband’s share is taken out i.e. 1/6.
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after giving Husband’s share (half of total inheritance), the remaining will be distributed between mother (1/3rd of remaining) and father (2/3rd of the remaining inheritance).
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Umer, so in this case it is different from Situation 1 distribution in the third part of Hassan’s playlist. In that case we have, a husband, a mother and two daughters. The distribution according to Hassan/JAG is:
husband: 1/4 of total
mother: 1/6 of total
2 daughters: 2/3 of remaining i.e. 2/3 * 7/12
So in the case, where there are no kids and the mother is supposed to get 1/3, are you saying we deviate from the situation 1 case, and compute the mother’s share after taking out the husband’s?
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In the presence of children, they are the ultimate or end beneficiary and get final distribution out of the remaining (Parent’s share would be 1/6th each in this case from the total).
In the absence of children but presence of siblings, siblings take place of children and get final distribution out of the remaining (Parent’s share would be 1/6th each in this case as well from the total).
But in the absence of both children and siblings, Parents become the ultimate or end beneficiary and hence they will get final distribution out of the remaining (which will be 1/3rd for Mother and 2/3rd for the Father).
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Okay that makes sense. JAK.
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One final question, just to clarify if I got the criteria right: if a person dies leaving behind a father and a brother, the father will get 1/6 and the brother will get 5/6. Is that correct?
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Correct!
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