Inheritance, legally means the transfer of the property of the deceased to the heir. Inheritance has both material and spiritual aspects. Spiritually, inheritance can refer to non-financial rights such as the right to transfer, etc. However, in many cases, the deceased before his death has determined how the inheritance is shared between heirs. But then there are the heirs of the deceased, who dispute over the division of the inheritance. Then they can get help from an inheritance lawyer. 

People are divided into four categories for inheritance: 

a. First-class) parents and children and children’s children

b. The second category) Ancestors, siblings, and their children.

c. The third category) Sisters and brothers of parents and their children 

In the event of the disappearance of all persons belonging to the upper classes, matters relating to the deceased shall be referred to court. The important thing about the inheritance classes is that if the first class survives, the second class will be deprived of inheritance. Also, if the second category is alive, the third category will not inherit a share.

As a result of a person’s death, his property is forcibly transferred to his heirs, but for the heir, their inheritance must first be ascertained in court to receive and inherit his inheritance. To this end, the court will issue a certificate of inheritance, which will then be given to the heir.

The monopoly of inheritance in law: determination of the number of deceased heirs by the competent authorities.

Documents required to obtain a lawyer’s inheritance monopoly certificate:

  • Death record
  • Deceased certificate
  • The national ID card and certificate of inheritances
  1. After the death of their heir, they intend to obtain a monopoly certificate of inheritance.
  2. Well, now you need time to submit your documents to a specialist inheritance lawyer. (Contact the office for an appointment)
  3. After completing your appointment with a lawyer, complete and complete your documents.
  4. Then the lawyer will do it for you if you are not able to do the inheritance process yourself.

Where do I go to receive an inheritance monopoly certificate?

The authority competent to issue a certificate of inheritance is the court of the last instance of the deceased’s domicile.

Is the presence of a lawyer required in dealing with the inheritance monopoly case, despite the existence of inheritance of the case?

To record an inheritance monopoly case following Article 306 of the Law on Ancestral Affairs, the presence of an heir or legal representative of the heir or the heir’s attorney is required.

What documents are needed to record an inheritance monopoly? How long does it take to issue an inheritance monopoly certificate?

Referring to the provisions of Article 362-361-360 of the Code of Criminal Procedure plus Article 11 of the Dispute Resolution Council. 

a. A form of affidavit that three persons are witnesses in the notary public and witnesses are not from the family.

b. Inheritance tax certificate.

c. Death record.

d. Photocopy of birth certificate and national card of all heirs.

e. Contract in case of death of man or woman.

f. Request + Bank Receipt of Thirty Thousand Rials If the property of the deceased exceeds thirty million Rials, the claimant shall pay the amount of 35000 Rial for the advertisement to the 106555611001 Bank Account Number of the Branch (Siba). 

The inheritance monopoly form specifies the relationship of persons (inheritance) and is ready for the vote to attain the signature of the judge, which lasts for a week to ten days. The vote is equal to the original number of copies inherited. The duration of inheritance certificate varies based on the amount of the deceased’s assets. If the price exceeds thirty million Rials according to Articles 361 and 362 there is a need to publish the advertisement and issue a certificate after expiration of one month from the date of publication of the advertisement and otherwise according to Article 364 by examining the evidence without issuing the certificate.

What Are the Benefits of Getting Monopoly Certificate by the lawyer?

Some cases cause a lot of problems for people, one of which is the death of a close relative who, after the death, has to determine his/her assets and the amount of inheritance. 

a. The inheritance monopoly certificate takes less time.

b. There will be no need for an inheritance to be in the judicial authorities.

c. A lawyer can represent the deceased’s property that is unknown.

d. A lawyer can determine the amount of each inheritance’s share of the deceased’s heirs.

e. After determining the share of the person, the lawyer can proceed to sell the share of each heir to another person.

How to obtain a copy of the Monopoly Certificate of Inheritance?

There is no need to file a lawsuit to obtain an inheritance monopoly certificate, and any heir can refer to the Dispute Resolution Board.

Should inheritance tax be paid before obtaining an inheritance monopoly certificate?

No, the inheritance monopoly certificate must first be obtained, then the heir has the opportunity to take the necessary steps to pay the inheritance tax.

What will happen if one of the deceased's property is not mentioned in the inheritance property certificate?

Firstly, it will not be officially traded and secondly, the heir will be fined and the tax will be charged.

Can men and women state inheritance conditions in the temporary marriage contract?

No, the condition of inheritance in temporary marriage will not be possible and the man and woman in temporary marriage will not inherit from each other.

The father is living and wants to divide the cost of a house sale between mother, two sisters and one son. How and what is the share of each inheritance?

As long as they are alive, they can divide anyway, but if they want to divide it according to the law of inheritance, they must divide one-sixth to the mother and the other one-four to two sons, and each girl gets a part

If someone's son died before himself, with the condition of having a sibling, will the son's children inherit after the grandfather's death?

No, if the deceased dies before his father dies, his children will not inherit the grandfather.

Important things to Know about Inheritance

Inheritance is one of the financial and economic rights that a woman enjoys less or even half as much as a man, and perhaps there was no reason other than the fact that management and the expenses of life are left to the man and there is no room for personal savings. 

Of course, this is not always the case; in some places, the woman may inherit the same as the man or even inherit more than the man. This article discusses inheritance and the fact that there is enough awareness of laws
and regulations that may have more to do with women, which is their real right. 

For the heir to claim and inherit their inheritance share, it is first necessary to examine and prove the inheritance of their inheritance and the inheritance share of each of them in the Dispute Resolution Council. In this opinion, the court assigns a certificate at the name of inheritance monopoly, which will be given to the heirs. Inheritance classified ads require that anyone submit a will of the deceased whether official or secret or ordinary during the process of applying for an inheritance monopoly certificate for consideration by the Dispute Resolution Board or the applicant and other beneficiaries, And the council issues the certificate of inheritance monopoly following the provisions of the will testament. 

After the deceased’s death, the case is registered with the computer by the local registry office and then the person’s identity card is revoked and a death certificate is assigned. The death of a person has many legal effects, such as the death of a human being that his property is forcibly transferred to his heir, but for the heir to claim and inherit his share of the inheritance, the heir and his/her share must first be determined in court. In this regard, the court shall issue an inheritance monopoly certificate after the hearing.

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