Making of Will under Muslim Law

Muslims are not governed by Indian Succession Act, 1925, and they can dispose of their property according to Muslim Law. A will under this law is called ‘wasiyat’, which means a moral exhortation or a declaration in compliance with moral duty of every Muslim to make arrangements for the distribution of his estate or property.

The Muslim Law recognizes that a Muslim person may leave behind a will, but a will (unless ratified by all the heirs of the testator) is valid only to the extent of the deceased’s property. In so far as it is valid, it is governed by the regular laws applicable to wills in India. The Muslim Law restricts a Muslim person to bequeath his whole property in a will; it allows him to bequeath one-third of his estate by writing a will, which will take effect after his death. A will may be oral or written. If the will is in writing, it need not be signed; if signed, it need not be attested.

In Islamic Law, there is no concept of ancestral or rights by birth. In Muslim inheritance laws, the wife of the deceased cannot be dispossessed and gets a definite share. However, she has to share the inheritance with other wives if there is more than one wife. The law gives the male heirs twice the share of the daughters. In case of a leased property, only the rights for the remaining period of the lease can be passed on through a will.

A will can be made by a person who is of sound mind, a major, and possessing an absolute title, in favour of a person who is capable of holding property. The revocation of will is possible only if the subsequent will is made by the testator.