Inheritance of grandfather along with siblings

It is advised that the reader takes sometime to skim through Inheritance of Grandfather to better appreciate this part.

To start with, siblings are full brothers, full sisters, consanguine brothers and consanguine sisters. Uterine brothers and sisters are equally siblings but they do not inherit along with grandfather because he excludes them. Inheritance of grandfather can be divided into four (4) parts.

  1. Grandfather inherits along with full brother(s), full sister(s) or a combination of full brother(s) and full sister(s) in the ABSENCE of other heirs. Any conclusion made regarding the “fulls” also applies to their consanguine counterparts.
  2. Grandfather inherits along with combination of “fulls” and “consanguines” in the ABSENCE of other heirs.
  3. Grandfather inherits along with full brother(s), full sister(s) or a combination of full brother(s) and full sister(s) in the PRESENCE of other heirs. Any conclusion made also applies to their consanguine counterparts.
  4. Grandfather inherits along with combination of “fulls” and “consanguines” in the PRESENCE of other heirs.
Inheritance of grandfather along with full brother(s), full sister(s) or a combination of full brother(s) and full sister(s) in the ABSENCE of other heirs

He has two choices: 1/3 of the estate or muqasama (sharing).

Example 35: Grandfather and full brother

a) 1/3 of the estate

HeirsGrandfatherFull brother
Shares1/3Residue
Base number3
Portions12

b) Muqasama

HeirsGrandfatherFull brother
SharesWhole estate
Base numberNumber of heads = 2
Portions11

Which of these options is more favourable to the grandfather? That is, which option entitles him to a larger portion of the estate? The number of portions he receives in both is 1. So how do we know which one is more favourable to him? To answer this, we have to determine the VALUE of each by making the number of portions and base number the numerator and denominator respectively in both cases. Hence,

Value of portion if he inherits 1/3 of estate = 1/3
Value of estate if he agrees to muqasama = ½
Therefore, muqasama is more beneficial to him.

Sometimes, dealing with fractions is tasking especially when one is to decide which one is larger and which one is smaller. For simplicity, it’s recommended that fractions should be converted to decimal numbers. This can be done with the aid of a calculator. Using the example above, 1/3 = 0.33 and ½ = 0.5.

Deciding which decimal number is greater is quite easy. Remember how to arrange words in alphabetical order? If the first letters are the same, consider the second letters; if they are the same, look at the third letters; and so on. Same thing with numbers. Assuming we are asked to arrange 0.453, 0.345, 0.543 and 0.4512 in ascending order, the solution will be 0.345, 0.4513, 0.453 and 0.543.

Example 36: Grandfather and full sister

a) 1/3 of the estate

HeirsGrandfatherFull sister
Shares1/3½
Base number6
Portions23
Values2/6 = 0.333/6 = 0.5

There is one extra portion.

b) Muqasama

HeirsGrandfatherFull sister
SharesWhole estate
Base number3
Portions21
Values2/3 = 0.671/3 = 0.33

Again, grandfather is advised to inherit by muqasama.

Note that grandfather is ACTING as a full brother that is why the base number (number of heads) is 3; he has “2 heads” and full sister has 1. So in essence, we have just one category of heirs. Had it being grandfather makes a category by himself, his number of heads should have been 1 as established in the previous chapter; that a male is considered to have “1 head” if a category consists of exclusive males.

Example 37: Grandfather, full brother and full sister

a) 1/3 of the estate

HeirsGrandfatherFull brother; full sister
Shares1/3Residue
Base number3
Portions12
New base number3 x 3 = 9
New portions3Brother = 4; sister = 2
Values3/9 = 0.33Brother = 0.44; sister = 0.22

b) Muqasama

HeirsGrandfatherFull brother; full sister
SharesWhole estate
Base numberTotal number of heads = 5
Portions2Brother = 2; sister = 1
Values2/5 = 0.4Brother = 0.4; sister = 0.2

Muqasama is better for grandfather.

Example 38: Grandfather and 2 full brothers

a) 1/3 of the estate

HeirsGrandfather2 Full brothers
Shares1/3Residue
Base number3
Portions1Each brother = 1
Values1/3 = 0.33Each brother = 0.33

b) Muqasama

HeirsGrandfather2 Full brothers
SharesWhole estate
Base number3
Portions1Each brother = 1
Values1/3 = 0.33Each brother = 0.33

Since grandfather gets 1/3 (0.33) of the estate in both cases, it makes no difference whether he takes 1/3 out-rightly or chooses to share the estate with the 2 brothers.

Example 39: Grandfather and 4 full sisters

a) 1/3 of the estate

HeirsGrandfather4 Full sisters
Shares1/32/3
Base number3
Portions12
New base number6
New portions2Each sister = 1
Values2/6 = 0.33Each sister = 0.17

b) Muqasama

HeirsGrandfather4 Full sisters
SharesWhole estate
Base number6
Portions2Each sister = 1
Values2/6 = 0.33Each sister = 0.17

Given that the value of grandfather’s portion is the same in both situations, he is at liberty to choose any. Observe that Examples 38 and 39 are virtually the same because the number of heads of those inheriting along with grandfather i.e. 2 full brothers and 4 full sisters respectively is 4! Similarly, the same scenario will play out if the surviving heirs are grandfather, 1 brother and 2 sisters of whatever combination. Confirm that please. Consequently,

Rule X: Whenever brother(s), sister(s) or a combination of brother(s) and sister(s) are inheriting along with grandfather, if their total number of heads is exactly 4, the value of grandfather’s portion will be the same for both 1/3 of the estate and muqasama. Hence, anyone he chooses makes no difference.

Example 40: Grandfather and 3 full brothers

a) 1/3 of the estate

HeirsGrandfather3 Full brothers
Shares1/3Residue
Base number3
Portions12
New base number9
New portions3Each brother = 2
Values3/9 = 0.33Each brother = 0.22

b) Muqasama

HeirsGrandfather3 Full brothers
SharesWhole estate
Base number4
Portions13
Values¼ = 0.25Each brother = 0.25

0.33 is greater than 0.25; so grandfather should take 1/3 of the estate.

Example 41: Grandfather and 5 full sisters

a) 1/3 of the estate

HeirsGrandfather5 Full sisters
Shares1/32/3
Base number3
Portions12
New base number15
New portions5Each sister = 2
Values5/15 = 0.33Each sister = 0.13

b) Muqasama

HeirsGrandfather5 Full sisters
SharesWhole estate
Base number7
Portions2Each sister = 1
Values2/7 = 0.29Each sister = 0.14

Again, 1/3 of the estate is more beneficial to the grandfather.

Example 42: Grandfather, 2 full brother and 3 full sisters

a) 1/3 of the estate

HeirsGrandfather2 Full brothers; 3 full sisters
Shares1/3Residue
Base number3
Portions12
New base number21
New portions7Each brother = 4; each sister = 2
Values7/21 = 0.33Each brother = 0.19;
each sister = 0.095

b) Muqasama

HeirsGrandfather2 Full brothers; 3 full sisters
SharesWhole estate
Base number9
Portions2Each brother = 2; each sister = 1
Values2/9 = 0.22Each brother = 0.22;
each sister = 0.11

1/3 of the estate is better for the grandfather.

Rule Y: Muqasama is better for the grandfather whenever he inherits along with AT MOST
a) 2 full brothers
b) 2 consanguine brothers
c) 4 full sisters
d) 4 consanguine sisters
e) 1 full brother and 2 full sisters
f) 1 consanguine brother and 2 consanguine sisters; otherwise he should take 1/3 of the estate.
Inheritance of grandfather along with combination of “fulls” and “consanguines” in the ABSENCE of other heirs.

This is my favourite section. I particularly like the tricky nature of the rule.

Rule Z: When the surviving heirs of a deceased are grandfather and any combination of full brother(s) or sister(s) and consanguine brother(s) or sister(s), the “consanguines” ACT or BEHAVE as if they were “fulls.” When grandfather takes his portion of the estate, “consanguines” REVERT to their status and take THEIR ORIGINAL SHARES of the estate. The portion of each (i.e. “fulls” and “consanguines”) is determined USING THE BASE NUMBER.

Example 43: Grandfather, full brother and 3 consanguine sisters

Applying Rule Y, 1/3 of the estate will be more favourable to grandfather than muqasama, so we do not need to solve for muqasama. The first step is to modify the problem. It now becomes: grandfather, full brother and 3 “full” sisters (Rule Z).

HeirsGrandfatherFull brother; 3 “full” sisters
Shares1/3Residue
Base number3
Portions12
New base number15
New portions5Full brother = 4; each “full” sister = 2
Final portions5Full brother = 10;
consanguine sisters = 0

Full brother and 3 “full” sisters cannot share 2 portions. Their number of heads (5) and number of portions (2) are tabayin (parallel). Therefore,
New base number = 5 × 3 = 15
New portion of grandfather = 15 × 1/3 = 5
New portion of full brother and 3 full sisters = 15 – 5 = 10
Full brother gets 4 while each “full” sister inherits 2 portions.

Consanguine sisters then revert to their status. But then, full brother is originally a residuary by himself. He excludes consanguine sisters and inherits the whole residue. The implication is that consanguine sisters will surrender their portions to the full brother. Thus, their FINAL PORTIONS are:  full brother = 10; consanguine sisters = 0

Example 44: Grandfather, 2 full sisters and consanguine brother

Number of heads of siblings is 4, so whichever option grandfather chooses makes no difference. Bear in mind that the problem becomes: grandfather, 2 full sisters and “full” brother; but it will not be indicated in the table as such.

a) 1/3 of the estate

HeirsGrandfather2 Full sisters; consanguine brother
Shares1/3Residue
Base number3
Portions12
New base number6
New portions2Each full sister = 1;
consanguine brother = 2
Final portions2Each full sister = 2;
consanguine brother = 0

Number of heads of 2 full sisters and consanguine brother, 4, converges with their number of portions, 2. So, new base number = 2 (adjust) × 3 = 6. When consanguine brother reverts to his status, he becomes a residuary while full sisters are entitled to 2/3 of the estate. Hence, their final portion is 2/3 × 6 = 4 and each is given 2 portions. Since the estate is exhausted, consanguine brother gets nothing.

b) Muqasama

HeirsGrandfather2 Full sisters; consanguine brother
SharesWhole estate
Base number6
Portions2Each full sister = 1;
consanguine brother = 2
Final portions2Each full sister = 2;
consanguine brother = 0

Example 45: Grandfather, 3 full sisters and 2 consanguine sisters

1/3 of the estate is more favourable for grandfather because number of heads of sisters is greater than 4.

HeirsGrandfather3 Full sisters;
2 consanguine sisters
Shares1/3Residue
Base number3
Portions12
New base number15
New portions5Each full sister = 2;
each consanguine sister = 2
Final portions53 full sisters = 10;
2 consanguine sisters = 0
Newest base number9
Newest portions3Each full sister = 2

New base number = 5 × 3 = 15
New portion of grandfather = 15 × 1/3 = 5
New portion of 3 full sisters and 2 consanguine sisters = 15 – 5 = 10
Original portion of 3 full sisters = 2/3 × 15 = 10
This means that 2 consanguine sisters will have nothing. But 3 full sisters cannot share their 10 portions, so another base number is determined once more. Number of heads of 3 full sisters (3) and their number of portions (10) is tabayin. Therefore, number of heads is multiplied by the base number. Another problem: there are two base numbers 3 and 15! What to do is to choose the one that will give a lower “newest” base number.
Newest base number = 3 × 3 = 9
Newest portion of grandfather = 9 × 1/3 = 3
Newest portion of 3 full sisters = 9 × 2/3 = 6; each sister is given 2 portions.


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