Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Muslim Shariat law has rejected a WILL  (Read 971 times)

0 Members and 1 Guest are viewing this topic.

Offline Aanalnirav

  • Newlaw
  • *
  • Posts: 8
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Muslim Shariat law has rejected a WILL
« on: May 01, 2016, 10:59:16 PM »
After our parents death, We siblings decided to divide the moveable and immovable assets equally amongst us. Suddenly, one sister brought out a registered will made six months before our fatherís death, in which he gave the entire property as well as his money to only one daughter. The Muslim Shariat law has rejected this will. Will it be valid in court?

Offline advcaroltripathi

  • Professional legal Expert
  • ***
  • Posts: 90
  • Karma: +1/-4
  • Adv Carol Tripathi
    • View Profile
Re: Muslim Shariat law has rejected a WILL
« Reply #1 on: May 01, 2016, 11:01:41 PM »
According to Shariat law, a Muslim can make a will in respect of only one-third of his properties and assets.

Therefore this WILL would not be considered valid.
Adv Carol Tripathi
Experts in Woman Harassment and Sexual Assault -
An Experienced Lawyer, a Dedicated Staff, a Place
Where Your Voice Will be Heard

Offline rajgopal sripathi

  • Veteran at Law
  • *****
  • Posts: 279
  • Karma: +15/-19
  • Welcome to Legal Win Consulting LLP
    • View Profile
    • Legal Win Consulting LLP
Re: Muslim Shariat law has rejected a WILL
« Reply #2 on: May 01, 2016, 11:18:27 PM »
It is correct that the general rule under Muslim personal laws in India (Shariat) is that a Muslim may, by his will, dispose only up to one-third of his property which is left after payment of funeral expenses and debts without the consent of his heirs.

The remaining two-thirds of the testatorís property must go to those who are his heirs at the time of his death. With respect to Shia Muslims, the bequest of the permissible one-third may be made either to an heir or to a non-heir.

However, with respect to a Sunni Muslim, the one-third bequest may be made only in favour of a non-heir without the consent of his heirs.  If it is made to an heir, it is invalid unless consent of heirs is obtained after death of testator, in which case it is valid.

However, the above restriction on disposition of property by will does not apply to a Muslim whose marriage is solemnized under the provisions of the Special Marriage Act, 1954 (instead of Muslim personal laws). This is because upon solemnization of marriage under this Act, the rules of Muslim personal law cease to apply to him with respect to matters of succession of his property. Accordingly, such a Muslim may, by his will, dispose his entire property without the requirement of his heirsí consent.

It would also be open to a Muslim to transfer his entire property during his lifetime by way of a gift to any person, unless the gift is a marz ul maut (death bed) gift. Marz ul maut is regarded under Muslim laws to be a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. A gift made by a person suffering from marz ul maut cannot take effect beyond one-third of the estate of such donor after payment of funeral expenses and debt, unless the heirs of the donor give their consent after the death of the donor to the excess taking effect.

So in your case, need to know on what conditions  the Will has been claimed to be made(with the consent of other heirs or was it transferred to your sister as a Marz Ul Maut
Rajgopal Sripathi

Free legal Advice - lawyers Forum


File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
lawyers in London
lawyers in Birmingham
lawyers in Toronto
lawyers in Sydney

lawyers in Milan

Delhi - New Delhi
lawyers in New York
los Angeles
lawyers in Dhaka
lawyers in Dubai

Copyright Registration
Ph no: 9891244487

For Mutual consent Divorce in Delhi
-Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2018
Get Free legal Advice here from top notch lawyers in India