I have an inheritance and I do not know how to prove my right in it. What do I do?
I have an inheritance and I do not know how to benefit from it?
In the first article, you knew how to determine if you were one of the heirs or not, you know your share of the inheritance, and how to obtain the relevant decree of distribution.
The function of the decree of distribution is to only identify the heirs and not determine their shares (the shares are determined pursuant to Sharia) or divide the inheritance, in other words, the decree of distribution does not divide the inheritance and does not determine the shares of each heir (determines the shares).
How are the shares determined?
As we said in the previous article, determining the shares can be through the applications and sites that we talked about in the previous article, and this is used in the absence of a conflict between the heirs, but in the event of a conflict between the heirs, it is necessary to define the shares formally. This is the subject of this article.
Conflict situations between heirs:
The first case of conflict situations is the refusal of a group of heirs to add the name of one of the heirs to the decree of distribution:
In this case, a group of heirs obtains the decree of distribution without mentioning the name of one of the heirs.
Article 25 of law No.1 for the year 2000 provides for that “the certificate issued by the judge in accordance with the provisions of the previous article shall be used as evidence in the matter of death and inheritance unless otherwise ruled” which means that the decree of distribution issued by the court is valid and correct until a judgment to the contrary has been issued.
In this case, the law gave the heir, who was not mentioned in the decree of distribution, the right to file a lawsuit demanding for the nullity of the decree of distribution where his name was not mentioned and presenting evidence indicating that he is one of the heirs whether through witnesses or documents and if the heirs became evident before the court, a judgement shall be rendered of the nullity of the issued decree of distribution without his name. That heir shall then have the right to apply to obtain a new decree of distribution that includes his name among the legal heirs of the deceased.
In addition to the criminal punishment that the rest of the heirs’ face in case they deliberately intended to neglect mentioning one of the heirs where Article 226 of the Penal Law has provided for: “A penalty of detention for a period not exceeding two years, or a fine not exceeding EGP 500.- shall be punishable on whoever forged on the procedures related to death and inheritance investigation and the mandatory testament before the competent authority by providing incorrect statement of the events to be evidenced whilst he is unaware of their truth or aware that they are incorrect whenever the decree is based upon these statements.”
In other words, the left-out heir in the decree of distribution application and that the decree of distribution have been issued without his name shall be entitled to make a police report of the incident to punish those responsible for not including his name among the heirs.
The second case of Conflict situations between heirs is the refusal of one or some of the heirs to give one or some of the heirs his/their share of the inheritance despite his mention in the decree of distribution:
In this case, the legal path that the heir will take to obtain his right in the inheritance will differ depending on the type of right he has in the inheritance.
In the event that the right of inheritance is caused by a marital relationship between the wife and her deceased husband, such as the deferred dowry; the return of the list of movables; their value or any right related to the marital relationship, the wife shall have the right to file a lawsuit before the family court of residence or the place of residence of the heirs or one of them to demand her right of inheritance such as the deferred dowry; the list of movables or Iddah consideration.
However, in the event that the right of inheritance relates to the inheritance share of one of the heirs and the rest of the heirs refuse to give him this right, an amendment to Article No. 49 of Law 77 for the year 1943 has been made to stipulate that “without prejudice to any more severe punishment stipulated in another law, any one who has purposefully abstained from delivering one of the heirs his legitimate share of the inheritance whether amicably or through final litigation shall be punished with imprisonment for a period of not less than six months and a fine of no less than twenty thousand pounds, and not exceeding one hundred thousand pounds, or one of these two punishments.”
However, to prove that you have the right to inherit in the inheritance, you must first file a lawsuit to sort and set aside the inheritance for division of the inheritance and so that every heir will know his share in every element of the inheritance.
This is what we will talk about in the next article