Inheritance of grandfather along with siblings in the presence of other heirs

In the presence of other heir(s), grandfather has three (3) choices. He is to choose whichever is most favourable to him. They are:

  • 1/6 of the estate
  • 1/3 of the residue
  • Muqasama (sharing).

Note that Rules X and Y are not applicable here.

Example 46: Wife, grandfather and 3 full brothers

a) 1/6 of the estate

HeirsWifeGrandfather3 Full brothers
Shares¼1/6Residue
Base number12
Portions327
New base number36
New portions96Each brother = 7
Values0.250.17Each brother = 0.19

3 full brothers cannot share 7 portions. 3 and 7 are tabayin, so new base number = 3 × 12 = 36.

b) 1/3 of residue

HeirsWifeGrandfather3 Full brothers
Shares¼Residue
Base number4
Portions13
New base number48
New portions1212Each brother = 8
Newest base number12
Newest portions33Each brother = 2
Values0.250.25Each brother = 0.17

Number of heads of grandfather and 3 full brothers = 4, and they cannot share 3 portions. So, new base number = 4 × 4 = 16.
New portion of wife: 16 × ¼ = 4
Residue = 16 – 4 = 12
New portion of grandfather: 1/3 × 12 = 4
Actual residue for 3 full brothers = 16 – (4 + 4) = 8. But 3 brothers cannot share 8 portions. Once again, another base number is determined.

Newest base number = 3 (number of heads of 3 brothers) × 4 (least base number) = 12
Newest portion of wife: 12 × ¼ = 3
Residue = 12 – 3 = 9
Newest portion of grandfather: 9 × 1/3 = 3
Newest portion of 3 full brothers (residue): 12 – (3 + 3) = 6; each brother gets 2 portions.

c) Muqasama

HeirsWifeGrandfather3 Full brothers
Shares¼Residue
Base number4
Portions13
New base number48
New portions12Each = 9
Values0.25Each = 0.19

New portion of grandfather and 3 full brothers = 48 – 12 = 36; each person gets 36 ÷ 4 = 9 portions.

Remember that the value of portions is the variable considered to determine the best choice not the number of portions. Thus, 1/3 of the residue is most favourable to grandfather since he will be entitled to 0.25 of the estate as against 0.17 or 0.19 if he has chosen 1/6 of the estate or muqasama respectively.

Example 47: Husband, daughter, grandfather and full sister

a) 1/6 of the estate

HeirsHusbandDaughterGrandfatherFull sister
Shares¼½1/6Residue
Base number12
Portions3621
Values3/12 = 0.250.50.170.08

Full sister becomes residuary with another.

b) 1/3 of residue

Grandfather acts as a full brother.

HeirsHusbandDaughterGrandfatherFull sister
Shares¼½Residue
Base number4
Portions121
New base number12
New portions3612
Values3/12 = 0.250.50.080.17

New base number = 3 × 4 = 12
Residue = 12 – (3 + 6) = 3 portions
Grandfather inherits 3 × 1/3 = 1 while full sister is given the remaining 2 portions.

c) Muqasama

HeirsHusbandDaughterGrandfatherFull sister
Shares¼½Residue
Base number4
Portions121
New base number12
New portions3621
Values3/12 = 0.250.50.170.08

Grandfather may choose either 1/6 of the estate or inherit bymuqasama. Notice that he is inheriting along with only one full sister, yet his value of portion is the same for both options. That is why in the presence of other heirs, Rules X and Y are not applicable.

Inheritance of grandfather along with combination of “fulls” and “consanguines” in the PRESENCE of other heirs

Example 48: Mother, full sister, grandfather and 2 consanguine brothers

a) 1/6 of the estate

HeirsMotherFull sisterGrandfather2 Consanguine brothers
Shares1/6½1/6Residue
Base number6
Portions1311
New base number12
New portions2622
Values0.170.50.17Each = 0.085

b) 1/3 of residue

HeirsMotherFull sisterGrandfather2 Consanguine brothers
Shares1/6Residue“Excluded”
Base number6
Portions15
New base number18
New portions3105
Values0.170.560.28

New base number = 3 × 6 = 18
Residue = 18 – 3 = 15
Number of portions of mother: 18 × 1/6 = 3
Grandfather is given 15 × 1/3 = 5 portions
Full sister receives 15 – 5 = 10 portions

c) Muqasama
Grandfather acts as full brother. As a result, consanguine brothers are excluded.

HeirsMotherFull sisterGrandfather2 Consanguine brothers
Shares1/6Residue“Excluded”
Base number6
Portions15
New base number18
New portions3510
Values0.170.280.56

Muqasama is better for grandfather. And the interesting thing is that no heir has the right to oppose any choice he makes. In this example for instance, the two consanguine brothers are not allowed to persuade the grandfather to take 1/6 of the estate, since by muqasama or 1/3 of residue they will have nothing.

It is necessary to determine the portion and value of grandfather in all three cases before reaching a conclusion; otherwise, he will be wrongly excluded when he should actually be entitled to a share. The following exercise will prove that.

Exercise 3

A woman leaves behind her husband, two daughters, mother, grandfather and full brother. How will the estate be shared among them?
Solution


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