Question:
Two months ago, my father passed away in Dubai. My question: what are the procedures for obtaining an inheritance certificate? My father is Muslim and has 4 male children, a daughter, a wife, and a germane brother. How the estate is divided according to Islamic law, and is it necessary for all the heirs to be present to file a lawsuit? Please advise.
Answer:
To answer such question, I would advise the questioner that.
Ascertainment of death and succession are among the most common lawsuits raised before the family courts (Sharia Declaration for Muslims), and it is a lawsuit by the heirs to prove the death of the deceased, identify his legal heirs, and determine their shares in the inheritance to deal with it before all government departments, banks, pensions, and others, and each of them gets his legal inheritance sentenced. It is not necessary for all the heirs to be present to file such case, they can make power of attorney to any lawyer to fulfil all the procedures.
Pursuant to Article 276 of the personal status law (The person who claims ascertainment of death and succession has to submit an application in this respect to the competent court which shall include statements concerning the date of death, the last domicile of the decedent, names of the heirs and their domicile, the legatees and their domicile and the entire movable and immovable properties of the estate.
The Clerks’ Office shall give notice to the heirs and the legatees to appear before the court at the date to be fixed for this purpose. The judge shall examine the testimony of those he trusts and may add to this the administrative investigations, as he sees fit.
The ascertainment of death and succession stands as a conclusive evidence unless otherwise adjudicated or if the court decides to stay its conclusiveness. The court shall issue a certificate of inheritance limiting the heirs and indicating the shares of each in the succession.)
As for the inheritance shares:
- The wife will take one-eighth,
- The male shall inherit double the share of a female heir,
- The germane brother will not inherit.
