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Inheritance
Askm… I have heard meezan lecture on inheritance many times but I did not got one point….if spouse is alive and parents are also alive of the death person then how will be the property distributed?… I mean to ask weather first spouse share is calculated and then from rest of the property parents share is given or vice versa… Please answer me soon as I have to give a lecture on property issue to my students… Jazak Allah qer
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6 Replies
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Inheritance
updated 4 years, 4 months ago
3 Members
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6
Replies
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That depends on the presence/absence of certain heirs:
– 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 and spouse’s share would be 1/8th for widow and 1/4th for widower in this case calculated from 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 and spouse’s share would be 1/8th for widow and 1/4th for widower in this case calculated from 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. (Spouse’s share would be calculated first from the total in this case which will be 1/4th for widow and half for widower).
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So as an example, as per JAG, if a man dies leaving behind a wife, parents, no children, and a brother: the wife gets 1/4, the parents 1/6 each, and the brother gets 5/12. The traditional division would be wife 1/4, mom 1/3, and father 5/12 (nothing for the brother).
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So in precence of children, parents and widow…first parents share is calculated and given then on rest of property widow share is calculated and given and at last from left over property children share is given?….. I am confused of chronology.. Who’s share is calculated first second and last… Please reply..
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In this scenario, both parents and widow’s shares will be calculated first from the total inheritance. Then whatever remains, that will be distributed among children.
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How come 1/6 and 1/8 can be calculated at same time…. If worth 10000 is property value then if we calculate 10,000 *1/6=1,666. 6 and simultaneously on 10,000 1/8=1250…. Am I calculating correct?
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Although I am really bad at mathematical calculations, I can only help you in clarifying the concept. But on the face of it, this calculation seems correct.
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