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

Heirs Wife Grandfather 3 Full brothers
Shares ¼ 1/6 Residue
Base number 12
Portions 3 2 7
New base number 36
New portions 9 6 Each brother = 7
Values 0.25 0.17 Each 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

Heirs Wife Grandfather 3 Full brothers
Shares ¼ Residue
Base number 4
Portions 1 3
New base number 48
New portions 12 12 Each brother = 8
Newest base number 12
Newest portions 3 3 Each brother = 2
Values 0.25 0.25 Each 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

Heirs Wife Grandfather 3 Full brothers
Shares ¼ Residue
Base number 4
Portions 1 3
New base number 48
New portions 12 Each = 9
Values 0.25 Each = 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

Heirs Husband Daughter Grandfather Full sister
Shares ¼ ½ 1/6 Residue
Base number 12
Portions 3 6 2 1
Values 3/12 = 0.25 0.5 0.17 0.08

Full sister becomes residuary with another.

b) 1/3 of residue

Grandfather acts as a full brother.

Heirs Husband Daughter Grandfather Full sister
Shares ¼ ½ Residue
Base number 4
Portions 1 2 1
New base number 12
New portions 3 6 1 2
Values 3/12 = 0.25 0.5 0.08 0.17

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

Heirs Husband Daughter Grandfather Full sister
Shares ¼ ½ Residue
Base number 4
Portions 1 2 1
New base number 12
New portions 3 6 2 1
Values 3/12 = 0.25 0.5 0.17 0.08

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

Heirs Mother Full sister Grandfather 2 Consanguine brothers
Shares 1/6 ½ 1/6 Residue
Base number 6
Portions 1 3 1 1
New base number 12
New portions 2 6 2 2
Values 0.17 0.5 0.17 Each = 0.085

b) 1/3 of residue

Heirs Mother Full sister Grandfather 2 Consanguine brothers
Shares 1/6 Residue “Excluded”
Base number 6
Portions 1 5
New base number 18
New portions 3 10 5
Values 0.17 0.56 0.28

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.

Heirs Mother Full sister Grandfather 2 Consanguine brothers
Shares 1/6 Residue “Excluded”
Base number 6
Portions 1 5
New base number 18
New portions 3 5 10
Values 0.17 0.28 0.56

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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