Will under Muslim Law Notes

If the legatee commits murder or causes the death of the testator, he cannot take over the legatee`s property in his will. If the will is made, the testator must be in good mental health. According to Muslim law, it has been cited that a probate must possess a perfect “spirit of disposition” at the time of execution of the will. In other words, a testator must be competent to understand his actions and the legal consequences of what he does, not only for the precise period during which the will is made, but also until his death. In Muslim law, a will is called a “wasiyat” and a document in which a person declares his will is called a “wasiyatnama”. A will, also known as a wasiyat, is a document written by the legatee for the benefit of the legatee that takes effect after the legatee`s death. Under Muslim law, no one has the right to make a will for all their property. The goal is to respect the word of the prophet in order to secure the shares of the legal heirs. The story behind this was that one of the Prophet`s comrades-in-arms was very ill and there were chances of death, as he was also very old, he also cancelled his Mecca due to his poor health. He was asked by the Prophet about the distribution of his wealth, for which he replied that he would give all his possessions as alms (not to the family), after which the Prophet said that he should only give 1/3 of his total wealth to one of his decisions, so that most of it would remain in the family and they would not become destitute in the future. For the preparation of a valid will, the competence of the testator is of the utmost importance. A legatee shall be deemed to be capable of drawing up a will if he fulfils the following conditions: 3. Legator Killer – Under Sunni law, a bequest to a person who intentionally or unintentionally caused the testator`s death.

Under Hanafi law, a will can be made against a person who caused the testator`s death if the heirs have given their consent. Inheritance – The subject of the will is an “inheritance”. These are the assets that are divided among the heirs. Sound mind – A person before the process of writing a will, if they have mental illness, then the will is declared invalid. Subsequent Will – If a bequest makes a will and transfers the same property to someone else through a subsequent will, the previous legacy is revoked. But a subsequent bequest, even if it is the same property, to another person in the same will does not act as a revocation of the previous legacy, and the property is divided equally between the two legatees. It must be signed and certified in accordance with the law. A will becomes an enforceable manual after the testator`s death.

In reality, it does not offer any rights to the legatee (the person who inherits until the loss of the testator`s life). It has no influence on the course of the testator`s life. The Muslim Wills Ordinance differs from the regulations for wills made by Hindus or under the Indian Succession Act 1925. This is because, according to Muslim law, the testamentary disposition of property is considered divine in nature and refers to the Qur`an. The Muslim will is not always governed by the Indian Succession Act of 1925. Muslim personal legal guidelines in India or Sharia law enact certain regulations, rules and approaches within which a man or woman can dispose of his or her property. A will executed by a person can also be revoked if they lose their sanity and become insane along with the execution of a will. According to the Indian Majority Act of 1875, the minority ends at the age of 18, but if the minor is the one whose guardian has been appointed by the court, the minority ends at the age of 21. Therefore, an 18-year-old or 21-year-old is allowed to make a will, as the case may be. 2. Health of mind – When writing a will, the person making such a will must be of sound mind at that time. According to Muslim law, it is said that a probate must possess a perfect “spirit of disposition” at the time of execution of the will.

Simply put, we can say that when drafting a will, the testator must be competent enough to understand his actions and the legal consequences of such actions not only for the certain period during which the will is drawn up, but also to maintain them until his death. An inheritance made by an unsane person cannot be considered valid if he later becomes sane. Conversely, a legacy made by a sane person becomes invalid if the testator is permanently disabled by insanity. At the time of creating desire, a man or woman wants to choose the people who could possibly carry out his will. The application will be considered at the time of sale of the property. The man or woman chosen as executor has the right to leave with the assets specified in the will. In certain matters, assets constituted on the basis of a will may or may not exist at the time of execution of the will, but it is imperative that this foundation be in the possession of the testator at the time of his death. Every sane Muslim who has reached the age of majority has the capacity to make a will. Two mandatory conditions are: Legate – The person for whose benefit the will is created is called a “bequest”. According to Hedaya, “the will is the endowment of the property of everything that follows death.” With regard to the common law in India, referred to in section 2 of the Indian Succession Act, 1925.

A will must dispose of property. There should be property that is given to others when the testator dies. Certain formalities must be followed in order to form a valid will. A will can also be drawn up and for a written will, no specific form is described. A written will is valid even if it is not signed by the testator or certified by the witnesses. If a document has the important characteristics of a will, it is considered a valid will. Property inherited under a will may or may not exist at the time of execution of the will, but it is imperative that the inherited property be in the possession of the legatee at the time of death. The logic behind this rule is very simple. A will comes into force after the death of the legatee and the transfer of property to the legatee takes place from the date of death of the legatee and not from the date of execution. 1. The person who draws up a will, i.e.

the testator, must be competent to draw up a will. According to Muslim law, any will drawn up by the testator must meet the following conditions, which are specified as follows: 3. Age of majority – When executing the will, the testator must reach the age of majority. In general, under Muslim law, the age of majority is regulated by the Indian Majority Act of 1875, which provides for the exception in cases of dowry, marriage and divorce. The general rule regarding the amount of property that can be inherited by will is that no Muslim may inherit more than one-third of his net worth after payment of funeral expenses and debts. Any foundation exceeding the limit of one third of the will may only be executed if the testator`s heirs give their consent, in which case only such a legacy is valid. If the consent of the heirs is not given, only one third of the legacy is valid and the remaining two thirds are transferred by legal succession. A will from the Muslim point of view is a divine institution, since its exercise is regulated by the Qur`an.

It allows the testator to correct the inheritance law to some extent and to allow some of the parents excluded from the inheritance to receive a share of his property and to recognize the services rendered to him by a stranger or devotion to him in his last moments. It is preferable to enter into force a will after the death of the testator. Therefore, it is likely that a greedy and impatient legatee will cause the testator to die in order to seize the property as quickly as possible. A legatee who kills or causes the death of the testator, intentionally and accidentally, cannot always presume necessity and normally deprives him of the right to take the property. However, under Shia regulations, if a legatee causes the death of the testator accidentally, negligently or accidentally, he is certified to take ownership and the wish is treated as a legitimate will. Everyone wants to make sure the life they led was meaningful and worries about their possessions after losing them. A person can determine how their property should be transferred and to whom it should be passed after their death by will. If someone dies without leaving their will, their assets may be disposed of through legal succession rather than testamentary succession (i.e. as needed) Therefore, it is best to make a will to ensure that the true intention is respected and that assets are transferred accordingly. A will is an important testamentary means by which a testator can assign his property according to his needs. Before decentralizing the deceased`s property, which is hardly in accordance with Islamic laws, he must rejoice that his funeral prices and the money due are paid in full. Wills under Islamic regulation followed their basis and the proposals of the Holy Quran, therefore the establishment of a testament is a divine mandate and the testament itself should be made with the purest coronary heart.