Death is the inevitable boundary between the material world and the afterlife, and it is the camel that sits at the door of everyone’s house from rich to poor, sometimes with far-reaching effects. . The wealth remaining after death is in many cases a challenge for survivors, and after the death of a missing loved one, consideration is being given to figuring out how to divide the inheritance. In accordance with current laws, the property and wealth of the deceased are determined in a legal document by the relevant authorities and the list of heirs and the amount of their share in the inheritance is determined.
One of the most important branches of the legal field that can be mentioned is the inheritance monopoly attorney. Experience in this field requires the admission of many attorneys in this field because an inheritance monopoly attorney has sufficient mastery of the laws in this field and can have the best defense of his client’s rights.
After the death of a person, the challenge is lost, which can cause many problems among the heirs, the administration of justice and the fair distribution of the property left by the beloved. Loved ones such as his wife, children, or other surviving people of the deceased.
From the point of view of the law and the law, any assault on the property of the deceased is illegal and the division of the property of the deceased must be done by law and by obtaining a certificate of monopoly of inheritance and direct supervision of the law. Authority.
If the inheritance monopoly certificate is not received, the property cannot be divided or transferred and indicated to government and banking departments for the use of the property left by the deceased.
In many families, due to personal reasons and poor psychological state after the death of a loved one, lost or busy with work and not knowing the rules for obtaining a certificate of monopoly of inheritance, it is necessary to assign the work to the expert and the experience of the monopoly lawyer, inheritance, who is an expert in this legal field, Get help and get the best solution. The multiplicity of disputes when dividing the property, which causes turbidity and distance between family members, and results in nothing but injustice.
By choosing a lawyer and assigning him to work, there is no need for you and any of the heirs to be present in the judicial authorities, and by providing the necessary documents to a lawyer specialized in this field, in the shortest possible time and with him. At the lowest cost and without entering the steps .. the administrative difficulties and legal complications in this path, get the most accurate monopoly of inheritance and have a committed and specialized lawyer with you from the beginning to the end of the path to receive the inheritance monopoly certificate.
Inheritance Monopoly Petition Form:
The latest changes in the inheritance monopoly
There are not many changes in the inheritance monopoly laws, except in limited cases, the most important of which is that the deceased do not need to settle the inheritance tax from 2016 onwards to obtain a certificate of monopoly inheritance.
Monopoly of inheritance according to Law 1401
An exclusive inheritance certificate is issued at the request of one or a number of deceased survivors by the Dispute Resolution Board of the deceased’s last residence. The issued certificate is unlimited and must be published in the advertisement. However, if the property left by the deceased is less than this amount, the Dispute Resolution Board will issue a limited inheritance monopoly certificate and there is no need to publish an advertisement, and this can shorten the time of receiving the inheritance monopoly certificate.
The period required to obtain a certificate of a limited inheritance monopoly (property that is less than five hundred million riyals) is from 3 to 7 working days, and in previous laws, the amount of property to obtain a limited inheritance monopoly was 30 million riyals. It is noteworthy that, according to the new circular on the monopoly of inheritance, which was approved by the judiciary, the property of the deceased to receive a certificate of unlimited inheritance monopoly is more than 50 million tomans.
With the presence of an experienced inheritance monopoly lawyer, this process takes place in the shortest time and with the best payment terms, and without any problems, since the number of heirs and the amount of the inheritance share for each of them is determined.
Notes on the inheritance monopoly from a legal perspective
Certain documents are of particular importance for obtaining a certificate of exclusive inheritance, and legal authorities pay attention to the validity and existence of these documents. The most important of these documents are:
Will: From the point of view of Sharia, paying attention to a will is important and obligatory, but paying attention to it does not mean that a person can influence the process and determine the monopoly of inheritance.
The law has laid down the necessary provisions in this regard. The deceased can transfer only one-third of his estate to a certain person or to certain persons by will. If the deceased transferred more than this amount in the will, then the law prohibits and gives a maximum of one third of the property to the testator, and the rest of the property is divided according to the law of monopoly on inheritance.
Dowry: Before dividing the property of the deceased and receiving the inheritance monopoly certificate, note that all debts and debts incurred by the deceased and burial expenses must be deducted from the deceased’s property and then the remaining property is divided among the heirs. One of the most important debts that a man must pay even after death is a woman’s dowry that must be paid to the wife from the deceased.
Briefly summarize the steps of the inheritance monopoly:
Due to the multiplicity of laws and the lack of knowledge of all the laws, the smartest step to implement the inheritance monopoly process is to contact a lawyer with experience in this field so that all the steps from obtaining the inheritance monopoly certificate to the inheritance monopoly can be done in the shortest time and at the lowest possible cost.
Otherwise, with the required documents, see a judicial service office and petition for the issuance of an inheritance certificate, and note that the local Dispute Resolution Board where the deceased resides can obtain the certificate. for release.
Who are the survivors of the deceased who inherit according to the law by obtaining a certificate of monopoly on inheritance?
According to Article 861 of the Civil Code: – He causes two inheritances, descent and cause.
According to Article 862 of the Civil Code, “People who can inherit by descent are divided into three classes.
- Parents, children, children, children
- Their grandparents, brothers, sisters, and children
- Imams, uncles, cousins, aunts and their children »
According to Article 863 of the Civil Code:
Subsequent heirs inherit when they are not heirs of the previous class.
According to Article 864 of the Civil Code: “Among the persons who inherit on cause, each of the spouses was alive at the time of the death of the other.”
In general, it can be said that the husband of the deceased is part of the first class and that one-eighth of the wealth of the deceased goes to him and is considered an integral part of the inheritance. The husband is placed on the first floor in the inheritance and is placed on the same floor with the mother, father and children, and the classes are deprived of inheritance if the first floor is present.
What is the inheritance limit?
Assignment of property left by the deceased by heirs is called restriction of inheritance. Inheritance or monopoly occurs with the death of individuals, and after the death of the deceased, the living who inherited from the deceased’s property and real estate must determine the amount of the share received through the legal process, which is called an inheritance monopoly. And do it right at the lowest cost and highest level of satisfaction in the expertise of our experienced attorneys.
Inheritance in the legal sense means determining the number of deceased heirs by the competent authorities, which is the Dispute Resolution Board, which is the last place of residence for the deceased.
An important question that often arises is, who are the people who are deprived of inheritance from the point of view of law, even if they have a relative relationship?
- According to the Civil Code, those who kill their heirs are deprived of their inheritance.
- The heir is an infidel of the deceased is a Muslim, and the infidel is legally deprived of the inheritance.
- A man who denies the lineage of a son and accuses his wife of adultery does not inherit the children from each other, and this act is called swearing.
- A child who is the result of adultery does not inherit from his parents and relatives.
- A child who dies before his parents no longer inherits from him and his children.
Get instant inheritance monopoly
After the inheritance is restricted by the court, a certificate of exclusive inheritance is issued by the relevant authorities to receive the amount of the inheritance, which is determined as the inheritance share for each person.
Because of the complexity of the legal laws, in order to obtain the inheritance monopoly certificate from the court in the shortest time, it is best to consult a lawyer who specializes in this field and assign him to entrust the inheritance monopoly from the first step of the inheritance monopoly because without the inheritance monopoly the position of the heirs and how the estate is legally and formally divided is not determined. If money is left from the deceased, then the unlimited inheritance must be monopolized, because without a monopoly on inheritance, the property left by the deceased cannot be sold. Any action to sell the remaining inheritance without regard to the inheritance monopoly law is a crime and will be punished.
Documents required for inheritance monopoly
Pursuant to Clause 3 of Article 11 of the New Law on Dispute Resolution Boards: Issuance of a Certificate of Exclusive Inheritance under the authority of the Dispute Resolution Board, the last permanent residence of a man or a woman has died. The documents required to obtain an inheritance monopoly certificate are:
- Death certificate of the deceased (receipt of the death certificate electronically through the system)
- Notarized testimony (receiving it at the notary’s office in the presence of 3 witnesses, who complete the certificate form and acknowledge who are the heirs of the deceased, and the notary’s office certifies the testimony.)
- deceased ID card
- Contract letter or copy
- Identity card for all heirs
- Will (if there is a formal will)
- Tax return certificate for the deceased who did not take action on their property taxes prior to 2016.
The duration of the inheritance monopoly
The inheritance monopoly certificate can be obtained in two limited and unlimited ways depending on the property left by the deceased. and differ.
The monopoly of limited inheritance is the remainder of the deceased’s estate valued at fifty million tomans or less.
The unlimited monopoly of heirs is the property left by the deceased and its value is more than fifty million tomans.
Factors that can affect the length of the inheritance monopoly process:
Non-cooperation of any of the heirs in delivering the identification papers, and in such a case, the other heirs can ask the Board to inquire about the identification papers and the Dispute Resolution Board to register the inquiry.
- The presence of the creditor can be another factor in prolonging the inheritance monopoly process, and the amount requested by the creditor must be settled before requesting the inheritance monopoly certificate.
- If the deceased spouse was pregnant, he must wait until the birth of the child to determine the child’s share of the inheritance.
Due to the multiplicity of laws, the best option is to contact a lawyer specialized in this field. You can contact us in the shortest time and at the lowest cost to obtain a certificate of inheritance monopoly in the presence of a lawyer specialized in this field. Square. To understand the poor economic conditions in the society, we try to provide the best payment terms for our customers to do this process and do the necessary business in the fastest time to get the inheritance monopoly certificate in less than 7 working days and unlimited inheritance monopoly in the approximate time. Complete the 40 days and keep you out of the hassles of getting the inheritance certificate process.
