Level one continued

Level 1(d): Two or more categories of heirs with at least two having fixed shares
Rule D: If the denominators of the shares are the same, that is the base number.

Example 7

HeirsHusbandSister
Shares½½
Base number2
Portions11

Estate is divided into 2 portions. Each heir inherits 1.

Example 8

HeirsGrandmotherUterine sisterConsanguine brother
Shares1/61/6Residue
Base number6
Portions114

Base number = 6; that is clear.
Grandmother: 6 × 1/6 = 1 portion
Uterine sister: 6 × 1/6 = 1 portion
Consanguine brother: 6 – 1 – 1 = 4 portions

Rule E: When the denominator of one share is a multiple of the denominator of the other share, the higher one is the base number

Example 9

HeirsWifeDaughterHalf uncle
Shares1/8½Residue
Base number8
Portions143

Wife: 8 × 1/8 = 1 portion
Daughter: 8 × ½ = 4 portions
Half uncle: 8 – 1 – 4 = 3 portions   or   8 – (1 + 4) = 3 portions

Example 10

Heirs2 full sistersUterine brotherGrandmother
Shares2/31/61/6
Base number6
PortionsEach sister = 211

Base number is the LCM of 3, 6 and 6 = 6.
2 full sisters: 6 × 2/3 = 4 portions. Each full sister gets 2 portions.
Uterine brother: 6 × 1/6 = 1 portion
Grandmother: 6 × 1/6 = 1 portion

Rule F: In a situation whereby the denominator of the shares are parallel, multiply them and the solution is the base number.

Example 11

Heirs2 daughtersWifeFull uncle’s son
Shares2/31/8Residue
Base number24
PortionsEach daughter = 835

2 daughters: 24 × 2/3 = 16 portions. Each daughter receives 8 portions.
Wife: 24 × 1/8 = 3 portions
Full uncle’s son: 24 – 16 – 3 = 5 portions or 24 – (16 + 3) = 5 portions

Example 12

HeirsWife1 uterine brother;
1 uterine sister
1 consanguine brother;
3 consanguine sisters
Shares¼1/3Residue
Base number12
Portions345

Wife: 12 × ¼ = 3 portions
1 uterine brother and 1 uterine sister: 12 × 1/3 = 4 portions. Each is given 2 portions because two or more uterines share 1/3 of the estate equally irrespective of whether they are males or females.
1 consanguine brother and 3 consanguine sisters: 12 – (3 + 4) = 5 portions. Consanguine brother gets 2 portions while each consanguine sister inherits 1 portion.

Exercise 1

The heirs of a deceased are two daughters, mother, father, brother and sister. How will the estate be allotted to them?
Solution


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