Mak­ing of Will un­der Mus­lim Law

Consumer Voice - - Bfsi Guide | Where There Is A Will -

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.

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