مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٩٢ - INHERITANCE OF THE THIRD GROUP
grandfather inherits ١/٣ of the property. And in this case if the dead
person has a son of the maternal brother as well, the brothers son joins
the maternal grandfather in the ١/٣ of the property.
INHERITANCE OF THE THIRD GROUP
٢٧٦٥. The third group of heirs consists of
paternal uncle, paternal aunt, maternal uncle, maternal aunt and their
children. As mentioned above, the personsconstituting this group inherit
the property when none of the persons belonging to the first two groups
is present.
٢٧٦٦. If the only heir of a dead person is one
paternal uncle or aunt (whether he or she be the real, paternal or
maternal brother or sister of his father), he orshe inherits the entire
property. And if there are some paternal uncles or aunts of the dead
person and all of them are the real or paternal brothers and sisters of
hisfather, the property is divided equally among them. And if there are
some paternal uncles and aunts of the dead person and all of them are
the real or the paternal brothersand sisters of his father, the
well-known view is that the paternal uncle gets twice the share of the
paternal aunt. For example, if two paternal uncles and one paternal
auntare the heirs of the dead person, the property will be divided into ٥
parts, out of which the paternal aunt will get one part and the two
paternal uncles will divide theremaining ٤ parts equally between them.
However, it is not unlikely that the property may be divided equally
between them (i.e. between the paternal uncles and the paternalaunt).
٢٧٦٧. If the heirs of a dead person are some
maternal uncles or some maternal aunts or one maternal uncle and one
maternal aunt, the apparent view is that theproperty will be divided
equally among them.
٢٧٦٨. If the heirs of a dead person are his paternal uncles and