Alemohamad Law Office

Inheritance means the transfer of a deceased person's property and assets to their heirs.

Entitlement to inheritance is organized into different classes (tabaqat), based on a person's relationship to the deceased.

First class: parents, children, and children's children.

Second class: grandparents, siblings, and their children.

Third class: the parents' siblings and their children.

A notable point regarding the classes of inheritance is that, where the first class is alive, the second class is excluded from inheritance. Likewise, where the second class is alive, members of the third class receive no share of the inheritance.

In the absence of all persons covered by the classes above, matters relating to the deceased's estate are referred to the court.

What Does "Vorrasah" (Heirs) Mean?

"Vorrasah" refers to persons who are heirs to a deceased person's property and assets, the group of whom collectively are called the heirs. In this way, the heirs stand in the deceased's place and may, accordingly, take possession of the deceased's property.

Although the manner of dividing the inheritance varies by class, there are also cases in which an heir is barred from inheriting, as follows:

Murder: when a person kills the person from whom they would inherit, they are barred from inheriting from them.

Apostasy/difference of religion (kofr): this occurs where the heir and the deceased belong to different religions; in that case, no property passes to the heir, and the property belongs to the public treasury (beit-ol-mal).

Le'an (mutual repudiation): le'an takes two forms:

Le'an between husband and wife: this creates a permanent prohibition (on remarriage) with no possibility of retraction.
Le'an between child and parent: also called denial of paternity (nafy-e walad); through retraction, a one-directional inheritance relationship can be re-established.

It is worth noting that, before the inheritance may be taken into possession, the deceased's debts must first be paid, after which the heirs may take charge of the administration of the property. Accordingly, the heirs may not take possession of the deceased's property until they have paid the deceased's debts and obtained the consent of the (other) owners.

As you know, each of the heirs has a defined inheritance share, and in order to take possession of that share, a certificate of exclusive inheritance (enhesar-e verasat) must first be obtained. The certificate of exclusive inheritance is obtained through the Dispute Resolution Council, generally the branch located where the deceased resided. The Dispute Resolution Council establishes this matter by issuing a certificate of exclusive inheritance. To process the matter, a notice of exclusive inheritance (aghahi-ye hasr-e verasat) is published, requesting that anyone holding the deceased's will refer it to the competent authorities. Likewise, anyone who is owed money by, or owes money to, the deceased must refer to the judicial authorities and submit the relevant information.

How to Obtain the Certificate of Exclusive Inheritance

First, to obtain the certificate of exclusive inheritance, one must apply to the Civil Registration Organization so that the death is registered in the computer system, following which the deceased's birth certificate (shenasnameh) is voided and a death certificate is issued for them. After the certificate is issued, all property automatically transfers to the heirs by operation of law, and the heirs apply to the court to determine their respective shares and obtain the certificate of exclusive inheritance.

It may happen that a person is not registered in the certificate of exclusive inheritance; in that case, that person may, with the help of an inheritance lawyer, file a complaint.

A Wife's Inheritance from Her Husband

If a man dies and his wife has no child or grandchild from him, she is entitled to one-quarter of the inheritance. If the wife has a child, she inherits one-eighth of the movable and immovable property.

Inheritance of a Deceased Child

If a child dies before their parent, they receive no share of the inheritance, which means that the deceased child's own children likewise have no right to any property from their grandparent.

The only way for grandchildren to inherit from their grandparent is if no person from the classes defined for inheritance exists; only then can they have a share of the inheritance.

If you encounter difficulties or disputes while dividing an inheritance, the best course is to seek the help of a lawyer.