father died of five children and three daughters, leaving them with a property, and then a dispute between them over whether or not to sell the property; for the benefit of some of them to live in, and for others not to benefit.
Precedent: https://adalh.org/public/upload/erp92337.pdf
What should be done in this dispute in accordance with the Law and Order?
Initially, the legacy, inheritance and inheritance requirements must be known.
Legacy or inheritance: It is the death’s inheritance of funds and rights that are absolutely inalienable.
The pillars of the inheritance are three, if any, inherited, but one of them has no legacy:
– Inheritor: He is dead or attached to him as a missing person.
– Heir: a neighbourhood after inheritance, or attached to neighbourhoods such as the foetus.
– Inherited legacy: which the dead left out of money and others.
Three inheritance requirements also relate to inheritance and inheritance:
1/The death of the heirs: or the infliction of the deceased as a verdict, as in the missing person if the judge rules that he is dead, or an appreciation as in the foetus separated by a felony against his mother is required.
2/The heir’s life is achieved after the death of the heir: or his attachment to the living, such as a pregnancy that has been separated alive from a stable life for a time from which he appears to be present at death.
3/Knowledge of the recipient of the inheritance: marital, kinship and loyalty, and designate the kinship of the paternity, paternity, maternity, fraternity, or public, and science to the degree in which they met
We see many inheritance claims. What does this term mean?
What is meant by the judge’s report – At the request of one of the stakeholders, Adami’s death was established, and the number of all his heirs was limited, with a statement of their inheritance relationship with him.
Article 36, after two hundred years, of the Shari ‘a procedure, stipulates that the application for termination of proof of death shall include the following:
Attendance of the terminator or the person acting in his place; Because the request for proof of death and the confinement of the heirs is accepted only by one of the heirs, or by the lawful person acting in his place, as stipulated in the implementing regulations.
o authorize the request for termination: ” He confined his heirs.
The deceased’s name is full of the facts of his personal identity and the registration of his number, if any.
Date and time of death.
The deceased’s place of residence.
Place of death.
Death witnesses, or a medical certificate in places where medical centres are located.
Heirs’ names, eligibility to reach and guide against them.
Their kind of inheritance.
Witnesses, along with their sponsors, whose testimony is accepted.
The judge shall investigate and verify; This is at the request of the terminator to publish the request for proof of death and to confine the heirs to a newspaper in the area of the deceased and, in the absence of newspapers in the area, to publish it in one of its most widely published newspapers, with a number of investigative methods such as discussing witnesses and requesting an inquiry from the district’s administrative governor.
Article 38, after two hundred of the same rules, stipulates that:
If the judge considers that the results of the investigation are insufficient, he must investigate the matter himself. After completing the proceedings, he must issue a deed of death, if proven and confined to the heirs, with their names and qualifications, and the date of their birth in accordance with legitimate law.
Reasons for inheritance:
1/lineage. These are: assets, branches, footnotes.
They are the brothers, their sons, uncles, and their sons.
2/Gossip.
Persons entitled to inherit from men in detail (twelve):
Father, grandfather on the father’s side, if not.
Husband.
Brother to Mother.
These four are the owners of the men’s estimated assumptions.
– Son, son, and if you go down his grade.
Brother.
Brother to Father.
Nephew.
Nephew of a father.
Brother’s Uncle.
Uncle to Father.
Cousin.
Cousin of a father.
These are inheritors of nervousness.
Women’s genetics in detail (nine):
Mother.
Girl.
Son’s daughter, if she comes down.
Grandmother on the mother’s side, if you should.
Grandma on the father’s side, if you do.
Sister Sister.
Sister to Father.
Sister to Mother.
Wife.
Inheritance in two types:
Those eligible for inheritance – the aforementioned – inherit their shares on two sides: a legacy of imposition, a legacy of nervousness.
1/Inheritance by imposition: In the legitimate assessment of God’s book, the estimated assumptions in God’s book are six: half, one quarter, one price, two thirds, one third, one sixth.
The men’s estimated assumptions are four: father, grandfather of father and mother, husband and brother of mother, and eight: the 10 mentioned except for grandmother on the mother’s side are called corrupt grandmother, whose lineage is female and old.
The husband and wife are called “causal hypothesis holders”, because their inheritance is due to marriage rather than to kinship, and the rest are called “descendants”.
2/Inheritance with Disorder:
The league is: the man’s people, who built him, his father, and his male kinship on their part.
Legitimate Procedures:
To ascertain the existence of the reasons for inheritance from the spirit, pedigree and loyalty.
2 – Ensure that heirs are free from the obstacles to inheritance, from slavery, murder and difference of religion.
Ascertain the status of spouses, in terms of the number of wives, and remain in infallibility at the time of death, etc.
4 – Know who inherits and who does not inherit from the dead’s relatives of his origins, branches and footnotes, specifying who inherits from them, and what his share is if he has imposed, or intolerance.
Ascertain whether a pregnancy exists, whether its legacy has been ascertained, whether it was present in the womb when the inheritor died, and whether it was separated.
To ascertain the issues of blocking, withholding incompleteness and deprivation, the dead may have brothers to a mother, who would not inherit if there were the heir branch that withheld them from withholding a deprivation, but who, while they were being withheld, would withhold a decrease from one third to one sixth, if they did not inherit.
7 – Ascertain the survivors’ life is stable after the death of their heirs, for little time, for the former and for the later, for example in matters of drowning and demolition.
Inheritance Calculator: A free social service provided by the Center for Attribution and Liquidation “Enforcement” to calculate the legitimate inheritance, proportion and share of each heir, with an explanation and analysis of the forensic evidence of the status and share of each heir and the statement of who is withheld from the heirs, and proposing options for their division between the heirs. https://infath.sa/mawareeth
At Abdul Ellah Al Humaidi office, We provide the service of dividing estates by communicating through:
Number: 0504328584 Or e-mail: Info@lah.sa