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Civil Code of Iran (1928, as amended 1985; selected provisions related to women) – 1: On Inheritance

Article 906 – If the deceased has left no living children, and no living children’s children of whatever degree, either of the parents, if alone, takes the whole estate; and if the father and mother of the deceased are both alive, the mother takes one – third and the father two – thirds. But if the mother comes after someone else, one-sixth of the estate belongs to the mother and the rest to the father.

Article 907 – If the deceased leaves no parents, but has one or more children, the estate will be divided as follows:

If the offspring consists of only one, whether son or daughter, the whole of the estate belongs to that child.

If there are several children, but all are sons or all daughters, the estate will be divided equally among them.

If there are several children, some being sons and some daughters each son takes twice as much as each daughter.

Article 908 – If the father or the mother of the deceased, or both parents, are alive, together with one daughter, the share of each one of the father and the mother will be one-sixth of the estate.; and the share of the daughter will be one – half there of. The remainder must be divided among all the rest of the heirs in proportion to the share of each; unless the mother comes after someone else, in which case the mother takes no portion of the remainder.

Article 909 – If the father or the mother, or both the parents of the deceased are alive, together with several daughters, the share of the whole of the daughters will be two-thirds of the estate ,which is to be divided equally among them; and the ,share’ of each one of the father and the mother will be one – sixth . And if there be a remainder it will be divided among all the heirs in proportion to their shares unless the mother comes after someone else, in which case the mother will not take any portion of the remainder.

Article 910 – If the deceased has sons or daughters, even if only one person, his grandchildren do not inherit.

Article 911 – If the deceased leaves no sons or daughters, his grand children are the legal representatives of his sons or daughters, and in this way are reckoned as belong in to the first degree of descendants, and take inheritance with each one of the parents who are alive.

The division of the inheritance among the grandchildren will take place in accordance with their sex, that is to say, each individual will take the portion the person through whom he claims descent from the deceased; hence, the children of a son take twice as much as the children of a daughter.

In the division among individuals of each sex, a boy takes twice as much as a girl.

Article 912 – Children’s children, to whatever generation they extend, take inheritance in the way recorded in the previous Article subject to this, and those nearer to the deceased exclude those more remote from him.

Article 913 – In all the conditions mentioned in this subsection, whichever of the married pair is the survivor takes his or her, share and this share means one half of the estate for the surviving husband and one-quarter for the surviving wife, provided that the deceased left no children or grandchildren; and it means one – quarter of the estate for the husband and one – eighth for the wife if the deceased left children or children’s children. And the remainder of the estate is to be divided among the other heirs in accordance with the preceding Articles.

Article 914- If, owing to the existence of several persons entitled to shares, the estate of the deceased be not sufficient to satisfy of them, the deficiency falls on the daughter or the two daughters; and if, after deduction of the portion of those entitled to shares there still remains something, and there be no heirs entitled to take the remainder by way of relationship, this remainder will be divided among the persons entitled to shares in accordance with the provisions of the preceding Articles; but the husband and the wife in all case, and the mother if she comes after someone else, take no part of the remainder.

Article 915 – The ring which the deceased used to wear, and also the Qoran and the personal clothes and the sword of the deceased go to the eldest son, without being reckoned as part of his portion, unless the estate of the deceased consists of nothing else.

Article 916 -If the estate goes to the heirs of the second degree.

Article 917 – Each one of the heirs of the second degree, if the only one, takes the whole of the estate; and if there are more than one, the estate will be divided among them in accordance with the following Articles.

Article 918 – If the deceased leaves full brothers or sisters, half- brothers or sisters do not inherit.

If there are no full brothers or sisters, half – brothers and half – sisters on the father’s side take their portion of the inheritance.

Article 919 – If the heirs of the deceased consist of several full brothers, or of several half – brothers on the father’s side, or several full sisters, or of several half – sisters on the father’s side, the estate will be divided among them equally.

Article 920 – If the heirs of the deceased consist of several full brothers and sisters, or of several half – brothers and half – sisters on the father’s side, the share of a male will be twice that of a female.

Article 921 – If the heirs consist of several brothers on the mother’s side, or of several sisters on the mother’s side, the estate will be divided among them equally.

Article 922 – If there are full brothers and also brothers and sisters from the mother’s side, the division will be performed in the following manner:

If the brother or the sister on the mother’s side be one person only, he or she takes one – sixth of the estate, and the rest belongs to the brothers and sisters of the full or half blood on the father’s side, who will divide up the rest in the manner laid down above.

If there are several brothers and sisters on the mother’s side (kalaleh), one – third of the estate belongs to them and is divided among them equally, and the rest belongs to the brothers and sisters of the full or the half blood on the father’s side and is divided among them in accordance with the disposition laid down above.

Article 923 – If the heirs consist of grandfathers or grandmothers, the estate will be divided among them in the following manner:

If there be a sole grandfather or grandmother, whether paternal or maternal he or she takes the whole of the estate.

If there be more than one grandfather and grandmother, and if both be paternal, males take twice as much as females and if they be both on the maternal side, the estate is divided among them equally.

If there be both grandfather or grandmother on the father’s side and grand father or grandmother on the mother’s side, one – third of the estate goes to the grandfather or grandmother on the mother’s side; and if there be more than one ancestor on the mother’s side; that third part will be divided equally among them all; and the remaining two -thirds will go to the grandfather or grandmother on the mother’s side; and if there be more than one such ancestor, the portion of a male in that two – thirds part will be twice the portion of a female.

Article 924 – If the deceased leaves ancestors and brothers and sisters (kalaleh), two – thirds of the estate goes to the heirs which have relationship on the side of the father; and in dividing up this portion the males take twice the portion of the females; and one – third goes to the heirs which have relationship on the mother’s side, and is divided among them equally; nevertheless, if the relations on the mo her ’s side consist of only one brother or one sister on the mother’s side, he or she will only be entitled to one – sixth of the estate.

Article 925 -In all the cases dealt with in the foregoing Articles, if the deceased leave neither brothers nor sisters, the nephews and nieces are their legal representatives, and take inheritance with the ancestors; in that case, the division of the inheritance in regard to the nephews and nieces will take place by way of their generation, that is to say, each generation takes the portion of that person through whom he or she claims relationship with the deceased Hence the children of full or half brothers and sisters will take portion of the full or half brothers and sisters on the father’s side only , and the children of brothers and sisters on the mother’s side take the inheritance of the brothers and sisters on mother’s side.

In dividing the inheritance among the individuals of one generation, if the children of the full or the half blood on the father’s side be alone, the male take twice the portion of the female’s; and if they descend from brothers and sisters on the mother’s side, the portion will be shared equally.

Article 926 – If there be in existence both brothers and sisters of the full blood, and those of the half blood on the father’s side, and those of the half blood on the mother’s side, the brothers and sisters of the half blood on the father’s side will be excluded from the inheritance

Article 927 – In all the cases mentioned in this subsection whichever one of the married pair remains takes his or her, share’ from the original estate for the husband, and a quarter thereof for the wife.

The shares of the relations of the mother, whether ancestors or descendants (kalaleh), are taken from the original estate.

If, owing to the inclusion of the husband or the wife, there be a deficiency in the available inheritance, this deficiency will be borne by the brothers and sisters of the full blood or of the half blood on the father’s side or by the paternal ancestors.

Article 928 – If there be no heir o the second degree left by the deceased, his estate goes to the heirs of the third degree.

Article 929 – Each one of the heirs of the third degree, if he is the sole person of that description, takes the whole of the inheritance; and if there be more than one such person, the estate will be divided among them in accordance with the following Articles.

Article 930 – If the deceased leaves uncles or aunts related through both father and mother, the uncles and aunts related through only one parent do not inherit.

If there be no uncles or aunts related through both father and mother, the uncles and aunts related through the father take their portion.

Article 931 – If the heirs of the deceased consist of several paternal uncles or of several paternal aunts, the estate will be divided among them equally, provided that they are all related through father and mother, or all through the father, or all through the mother.

If there be paternal uncles and paternal aunts, all of them being from one mother, they will divide the estate equally; but if all of them are from the same father and mother, or from the same father only, the portion of the males will be twice that of the females.

Article 932 – If there be paternal uncles of the same mother, and also paternal uncles of the same mother and father and of the same father only, the paternal uncle or aunt of the same mother, if alone, takes one – sixth of the inheritance; if they be several, they take one- third of the estate and divide this third equally among themselves; and the rest of the estate goes to the uncles of the same father and mother, or of the same father, and in the sharing males take twice the portion of the females.

Article 933 – If the heirs of the deceased consist of several maternal uncles or of several maternal aunts, or of several maternal uncles and maternal aunts together, the estate is divided among them equally, whether all are of the same father and mother, or all of the same father, or all of the same mother.

Article 934- If the heirs of the deceased consist of a maternal uncle and aunt from the same father, or from the same father and mother, together with a maternal uncle and aunt from the same mother, if the relation of the same be one only he or she takes one – sixth of the estate ;if there be more than one, they take on – third of it and divide it equally among themselves, and the remainder belongs to the maternal uncles and aunts of the same father and mother, or of the same father, who also divide it among themselves in equal shares.

Article 935 – If the deceased leaves one or more paternal uncles or aunts together with one or more maternal uncles or aunts, one – third of the estate goes to the maternal uncles and aunts, and two – thirds to the paternal uncles and aunts.

The division of the third among the maternal uncles and aunts will be in equal portions , but if, among the maternal uncles and aunts there be one related only through the mother, one – sixth of the portion of the maternal uncles and aunts goes to that person; and if there be several related only through the mother, one – third of that portion will be given to them, and in that case there will be an equal division among them.

In the division of the two – thirds part among the paternal uncles and aunts, the portions of the males will be twice that of the females; but if there be one person of the paternal uncles and aunts who is related through the mother only, one – sixth of the portion of the paternal uncles and aunts goes to him ; and if there be more than one such person related through the mother only, one – third of that portion will go to them, in that case they will divide that third portion equally.

In the division of the five – sixth or the two – thirds which remains after deducting the portion of the paternal uncles and aunts, it will be divided among the paternal uncles and aunts related by father and mother or those related by the father only, in such a way that the portion of each male is twice that of each female.

Article 936 – If there be living paternal uncles or aunts or maternal uncles or aunts, their children do not inherit, except when the heirs are confined to one nephew from a paternal uncle related by father and mother, together with one paternal uncle related only on the side of the father; in that case only, the nephew deprives the uncle of an inheritance; but, if, in addition to the nephew from a paternal uncle related by father and mother, there be a maternal uncle or aunt, or several paternal uncles or aunts even if related through the father alone, the nephew will take no inheritance.

Article 937 – If the deceased has left neither paternal uncles or aunts nor maternal uncles or aunts, their children take inheritance in their stead, and the portion of each stock will be the portion of that person through whom the stock claims descent from the deceased

Article 938 – In all the case mentioned in this subsection, the surviving spouse take his or her share from the original estate, and this share means one – half of the original estate for the deceased’s husband and one – quarter for the deceased’s wife.

A person related through the mother takes his portion from the original estate, and the remainder belongs to the persons related through the father; and if there be a deficiency, it will be borne by the persons related through the father.

Article 939 – In all the cases mentioned in this subsection and two previous subsections, if the heir is a hermaphrodite and be one of a group of heirs which are such that the males take twice the portion of the females, his portion will be determined as follows.

If the indications of masculinity are the greater, he takes the portion of boy of his degree; and if the indications of femininity are the greater, the hermaphrodite takes the portion of one girl of that degree; and if neither the masculine nor the feminine indication be preponderant, the hermaphrodite will take one – half of the sum of the portions of one boy and one girl of his degree.

Article 940 – A married pair, married permanently, and not restrained from inheriting, take inheritance one from the other.

Article 941 – The portions of inheritance of a husband and a wife follow the provisions of Articles 913, 927 and 938.

Article 942 – If there be more than one wife, the fourth or eighth part, which belongs to the wife, will be divided equally among them.

Article 943 – If the husband has divorced his wife in such a way that the divorce is revocable, either one of them who dies before the expiry of the “uddah” period will inherit from the other; but if the death of one of them takes place after the expiry of the “uddah” period, or if the divorce was irrevocable, they will not inherit from one another.

Article 944 – If the husband divorces his wife when he is ill, and dies of that same disease within a year from the divorce, the wife takes inheritance from him, even if the divorce were irrevocable; provided that the wife has not taken another husband.

Article 945 – If a man marries a woman when he is ill, and dies of that disease before consummation of the marriage, the wife does not take inheritance from him; but if he dies after consummation, or after recovery from that disease, the wife takes inheritance from him.

Article 946 – The husband takes inheritance from the whole of the effects of the wife; but the wife takes only from the following effects

a – From the movable property, of whatever kind.

b – From building and trees.

Article 947 – The wife takes inheritance from the price of the buildings and trees, and not from those things themselves; and the method of valuation is this, that the buildings and trees are valued on the supposition of their being worthy to remain in the ground, but without taking into consideration the labour.

Article 948 – If, in the circumstances of the previous Article, the heirs refuse to pay the price of the building and the trees, the woman may realise her right on those thing from the thing themselves.

Article 949 – If there be no other heir apart from the husband or wife , the husband takes the whole of the estate of his late wife; but the wife takes only her portion , and the rest of the estate of the husband is considered as the estate of a man without any heir, and will be dealt with in accordance with Article 866.

Next: Chapter 2 – Concerning Nationality