Inheritance of Siblings

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1) Haqeeqi Brother (Full brother)

  1. He is an `asbah, and hence gets the entire estate when inheriting alone. Multiple brothers share the estate equally.
  2. When inheriting with others, he gets residue. Multiple brothers share the residue equally.
  3. He is excluded by father, father’s father (and higher) and son, son’s son (and lower) (Rule #2).

2) Haqeeqi Sister (Full sister)

  1. If one, her share is 1/2.
  2. If two or more, they share 2/3 equally amongst themselves.
  3. When inheriting alone, she gets the entire estate. Multiple sisters share the estate equally.
  4. She is excluded by father, father’s father (and higher) and son, son’s son (and lower) (Rule #2).

3) Haqeeqi Brother(s) and Haqeeqi Sister(s) Inheriting Together

  1. When inheriting together, they inherit as `asabaat (see the post How Some Zaawil Furoodh Relatives Become `Asabaat). They both get residue, with each male getting twice the share of each female (2:1 ratio).
  2. If they are inheriting with no other heirs, they get the entire estate, to be shared between them in a 2:1 ratio.

Example 1: A man dies leaving behind

  • Mother
  • 2 Wives
  • 3 Haqeeqi brothers

Mother gets 1/6; the 2 wives share 1/8 equally; the 3 haqeeqi brothers share the residue equally.

Example 2: A woman dies leaving behind

  • Husband
  • 1 Haqeeqi sister

Husband gets 1/2; Haqeeqi sister gets the other 1/2.

Example 3: A man dies leaving behind

  • Wife
  • Mother
  • 2 Haqeeqi sisters
  • 1 Haqeeqi brother

Wife gets 1/8; mother gets 1/6; the haqeeqi brother and haqeeqi sisters will share the residue in a 2:1 ratio.

Example 4: A woman dies leaving behind

  • Mother
  • Wife
  • 1 Grandson
  • 2 Haqeeqi brothers
  • 3 Haqeeqi sisters

Mother gets 1/6; Wife gets 1/8; Grandson gets the residue. The haqeeqi siblings are excluded (Rule #2).

4) Allaati Brother (Half brother from father)

  1. He is an `asbah, and hence gets the entire estate when inheriting alone. Multiple allaati brothers share the estate equally.
  2. When inheriting with others, he gets residue. Multiple allaati brothers share the residue equally.
  3. He is excluded by father, father’s father (and higher) and son, son’s son (and lower) (Rule #2).
  4. He is excluded by haqeeqi brother (Rule #9).

5) Allaati Sister (Half sister from father)

  1. If one, her share is 1/2.
  2. If two or more, they share 2/3 equally amongst themselves.
  3. When inheriting alone, she gets the entire estate. Multiple allaati sisters share the estate equally.
  4. She is partially excluded to 1/6 when inheriting with exactly one haqeeqi sister. Multiple allaati sisters share the 1/6 equally.
  5. She is excluded by father, father’s father (and higher) and son, son’s son (and lower) (Rule #2).
  6. She is excluded by haqeeqi brother (Rule #9).
  7. She is excluded by two or more haqeeqi sisters (Rule #7).

 6) Allaati Brother(s) and Allaati Sister(s) Inheriting Together

  1. When inheriting together, they inherit as `asabaat (see the post How Some Zaawil Furoodh Relatives Become `Asabaat). They both get residue, with each male getting twice the share of each female (2:1 ratio).
  2. If they are inheriting with no other heirs, they get the entire estate, to be shared between them in a 2:1 ratio.

Example 5: A man dies leaving behind

  • 2 Allaati sisters
  • 4 Allaati brothers
  • 3 Allaati nephews
  • 2 Haqeeqi nephews
  • 1 Haqeeqi paternal uncle
  • 4 Nieces

The entire estate will be inherited by the allaati brothers and allaati sisters in a 2:1 ratio. Haqeeqi paternal uncle and all nephews are excluded (Rule #9). Nieces are non-heirs.

Example 6: A man dies leaving behind

  • Paternal grandmother
  • Maternal grandmother
  • 1 Haqeeqi paternal uncle
  • 1 Allaati paternal uncle
  • 1 Akhyaafi paternal uncle
  • 2 Allaati sisters

Both grandmothers share 1/6 equally; the 2 allaati sisters share 2/3 equally; haqeeqi paternal uncle gets the residue; allaati paternal uncle is excluded (Rule #9); akhyaafi paternal uncle is a non-heir.

7) Akhyaafi Siblings (Half brother/sister from mother)

  1. One (whether male or female) gets 1/6.
  2. Two or more (whether all male, all female, or a combination of male and female) share 1/3 equally amongst themselves. The normal 2:1 ratio rule does NOT apply to akhyaafi siblings.
  3. When inheriting alone, he/she gets the entire estate. Multiple akhyaafi siblings (whether all male, all female, or a combination of male and female) inheriting alone share the entire estate equally. Again, the normal 2:1 ratio rule does NOT apply.
  4. They are excluded by father, father’s father (and higher) and son, son’s son (and lower) (Rule #2).
  5. They are excluded by daughter and granddaughter (Rule #8).

Example 7: A woman dies leaving behind

  • 1 Akhyaafi brother
  • 2 Akhyaafi sisters
  • 1 Allaati brother

The 3 akhyaafi siblings get 1/3, to be shared equally among them (i.e. each sibling gets 1/9); Allaati brother gets residue.

Example 8: A woman dies leaving behind

  • Husband
  • Mother
  • Akhyaafi sister

Husband gets 1/2; mother gets 1/3; akhyaafi sister gets 1/6.

8) Haqeeqi Sister(s) and Allaati Sibling(s) Inheriting Together

  1. If a haqeeqi sister inherits with an allaati brother, the haqeeqi sister gets 1/2 while the allaati brother get residue. Multiple allaati brothers share the residue equally.
  2. If two or more haqeeqi sisters inherit with an allaati brother, the haqeeqi sisters share 2/3 equally while the allaati brother gets residue. Multiple allaati brothers share the residue equally.
  3. If a haqeeqi sister inherits with an allaati sister, the haqeeqi sister receives 1/2 while the allaati sister gets 1/6. Multiple allaati sisters share the 1/6 equally amongst themselves. The reason for this ruling is that the share of the haqeeqi sister and allaati sister(s) must add up to 2/3. We already know that a single haqeeqi sister receives 1/2, so this leaves 1/6 for the allaati sister(s); 1/2 + 1/6 = 2/3
  4. Two or more haqeeqi sisters exclude strictly allaati sisters (Rule #7), hence only a single haqeeqi sister can inherit with any number of allaati sisters. This rule of exclusion should now make sense given the explanation of point #3 above. The share of haqeeqi sister(s) and allaati sister(s) must add up to 2/3. If two or more haqeeqi sisters are present with any number of allaati sisters, the haqeeqi sisters will receive 2/3, and this leaves zero for the allaati sisters. 2/3 + 0 = 2/3. The result is that the allaati sisters are excluded.
  5. If a haqeeqi sister inherits with both allaati brother(s) and allaati sister(s), the haqeeqi sister receives 1/2, while the allaati brother(s) and allaati sister(s) share the residue in a 2:1 ratio.
  6. If two or more haqeeqi sisters inherit with both allaati brother(s) and allaati sister(s), the haqeeqi sisters receive 2/3 (to be shared among them equally), while the allaati brother(s) and allaati sister(s) share the residue in a 2:1 ratio.

Note: The question of haqeeqi brother inheriting with allaati siblings does not even arise, as the haqeeqi brother excludes all allaati siblings (Rule #9).

Notice how these rules are exactly parallel to the rules of daughter(s) and grandchildren inheriting together (see the post Inheritance of Children and Grandchildren). We now can say that the relationship, when it comes to inheritance, between haqeeqi sister and allaati siblings is exactly the same as the relationship between daughter and grandchildren.

Example 9: A woman dies leaving behind

  • Mother
  • 1 Akhyaafi brother
  • 1 Haqeeqi sister
  • 4 Allaati sister

Mother gets 1/6; akhyaafi brother gets 1/6; haqeeqi sister gets 1/2; the 4 allaati sisters share 1/6 equally amongst themselves.

Example 10: A woman dies leaving behind

  • 2 Haqeeqi sisters
  • 2 Allaati brothers

The 2 haqeeqi sisters share 2/3 equally (i.e. each gets 1/3); the 2 allaati brothers receive the residue, to be shared equally between them.

9) Daughter(s)/Granddaughter(s), Haqeeqi Sister(s) and Allaati Sister(s) Inheriting Together

  1. Haqeeqi sister(s) and allaati sister(s) both become `asabaat in the presence of a daughter or granddaughter (see the post How Some Zaawil Furoodh Relatives Become `Asabaat).
  2. Keeping the above rule in mind: If daughter(s)/granddaughter(s) inherit with a haqeeqi sister, the daughter(s)/granddaughter(s) will get their share (either 1/2 or 2/3), while the haqeeqi sister gets residue. Multiple haqeeqi sisters share the residue equally.
  3. If daughter(s)/granddaughter(s) inherit with an allaati sister, the daughter(s)/granddaughter(s) will get their share (either 1/2 or 2/3), while the allaati sister gets residue. Multiple allaati sisters share the residue equally.
  4. If daughter(s)/granddaughter(s) are in the presence of both haqeeqi and allaati sister(s), the daughter(s)/granddaughter(s) will get their share (either 1/2 or 2/3) and the haqeeqi sister(s) will get the residue. Allaati sister(s) will be deprived.
  5. If the male counterparts of the haqeeqi/allaati sisters are also present, the usual rule of 2:1 distribution will apply.

Note 1: The question of daughters/granddaughters inheriting with akhyaafi siblings does not even arise, as daughters/granddaughters exclude all akhyaafi siblings (Rule #8).

Note 2: The question of sons/grandsons inheriting with any siblings does not even arise, as sons/grandsons exclude all siblings (Rule #2).

Example 11: A man dies leaving behind

  • 1 Wife
  • 3 Granddaughters
  • 2 Allaati sisters
  • 1 Maternal aunt
  • 1 Paternal aunt

Wife gets 1/8; the 3 granddaughters share 2/3 equally; the 2 allaati sisters receive the residue, to be shared equally between them. All aunts are non-heirs.

Example 12: A woman dies leaving behind

  • Husband
  • 2 Daughters
  • 3 Granddaughters
  • 1 Haqeeqi sister

Husband gets 1/4; the 2 daughters get 2/3, to be shared between them equally; the granddaughters are excluded; haqeeqi sister gets residue.

Example 13: A man dies leaving behind

  • 2 Wives
  • 1 Daughter
  • 3 Granddaughters
  • 2 Haqeeqi sisters
  • 4 Allaati sisters

The 2 wives share 1/8 equally; The daughter gets 1/2; the 3 granddaughters share 1/6 equally; the haqeeqi sisters share the residue equally; the allaati sisters get nothing.

Example 14: A woman dies leaving behind

  • Mother
  • 4 Daughters
  • 3 Akhyaafi brothers
  • 1 Haqeeqi sister
  • 1 Haqeeqi brother

Mother gets 1/6; the 4 daughters receive 2/3, to be shared among them equally; the akhyaafi brothers are excluded; haqeeqi sister and haqeeqi brother get the residue, to be shared between them in a 2:1 ratio.

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