In this article, you will find the answers to the most frequently asked questions about inheritance. , You can also read our article on inheritance in Iraqi law here.


Can the sister of the martyr (women-headed household) receive a pension after the death of the mother (mother of the martyr)?

Yes, the pension will be continued to pay:

  • to the parents if they are alive,
  • if the son or daughter continues their education,

  • to the son or daughter if they are with special needs, regardless of their age and stages of study,
  • to the martyr's wife, daughter, or sister until marriage or employment, according to Article 12, item 6 of the Retirement Law.

If I am a university student and do not have a salary, my retired mother passed away, can I receive her pension if I do not have a breadwinner?

Yes, you can receive it by following these steps:

  1. You must make an heir's deed and determine the heirs to know if the daughter deserves the salary.
  2. Then, you must apply to the retirement department and provide them with the heir's deed and death certificate.
  3. Finally, the retirement department will send an official letter to the Department of civil status to verify that the daughter is married, divorced, or widowed, after which the salary will be transferred to the daughter if she is not married.

If the deceased has a  bank account, can his heirs withdraw the amount, and how?

 Yes, the heirs can withdraw the amount. One of the heirs can go to the bank with which the deceased person dealt and then submit a request to inform the bank about the account holder's death, providing a copy of the death certificate. The bank will stop dealing with this account and distribute the amount to the heirs according to the heir's deed, death certificate, and the presence of the heirs. Please note that some procedures may differ according to different banks.

If the mother is deceased and has real estate property in her name, how is the inheritance distributed if the heirs are the husband, son, and daughter?  

The inheritance is distributed according to the heir deed, where one of the heirs goes to court and submits an application to ask for an heir deed, through it the shares of the heirs, and the male takes twice as the female share; in this case, the husband’s share is calculated by a quarter and the male takes two shares and the daughter one share.  

For example, the husband's share is 1/6,  the son's share is 5/9,  and the daughter's share is 5/18, for example, if the amount of the estate is 10 million, the father's share is 1,660,000, the son's share is 5,560,000, and the daughter's share is 2,780,000.

If the husband dies and the children want the house to be registered in the name of the mother, what are the steps to be followed?  

A hair deed is made, and the shares are distributed to all the heirs, in the light of which each person waives his share to the mother, in this case, the request to transfer the house in the name of the mother will not be rejected.

Is it allowed for the father to sell a house owned by the mother, who has passed away, without obtaining consent from the children?


Yes, he can sell it by filing a lawsuit to remove commonality before the Court of First Instance, even if the rest of the heirs refuse to sell.


NOTE: It is worth noting that the information mentioned here is not considered legal advice, but it is a frequently asked question by our social media followers. We are a team of humanitarians and lawyers who do our part to provide awareness services about rights, legal procedures, and humanitarian services.

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