inheritance in Iran Leagl system
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Inheritance in Iran legal system

  • According to article No 861 of Iran Civil code:

  • Article No 862: Persons who take inheritance by relationship are of three categories:

1 – Father, mother and children.
2 – Grandparents, brother, sister and their children.
3 – Paternal uncles and paternal aunts, maternal uncles and maternal aunts and their  children.
  • Article No 864: An instance of those who inherit by marriage is one of the spouses who survives the other one.

  • Either of these two categories: It is a condition of inheritance that the heir should be alive at the moment of the death of the person from whom the inheritance issues.

  • There are two general impediments about inheritance:

1- Article 880 – Murder is an obstacle to succession; hence, a person who intentionally kills the deceased is prevented from taking any inheritance from him, whether he were the perpetrator, or whether he were the instigator, or whether he were acting singly or as the accomplice of others.
2- Article 881 bis – An unbeliever (Kafir) does not take inheritance from a Muslims and if there are unbelievers among the heirs of a deceased unbeliever, the unbelieving heirs do not take inheritance even if they are prior to the Muslim as concerns class and degree.
  • According to this article, a non-Muslim will not take inheritance from a Muslim.

See also General Rules on Iran Family Law

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