Muslims may additionally bequeath a 3rd of the property via Will

I am a Muslim, and I understand that my property could be inherited after my loss of life in line with Muslim Regulations (Shariah). I need an immovable asset like a house property queathed via a Will.

If I achieve this, could the will be considered invalid because the beneficiary of my Will won’t precisely fit the norms prescribed in Shariah Law?

I need help deciding whether to draft a Will or not. Aside from my house, the opposite assets have a 2nd holder in the vicinity, so I’m not involved in the ones.

Please suggest this difficulty—Anwar Tamboowala.

In India, subjects referring to the succession and inheritance of a Muslim are governed by Muslim private laws. According to Mohammedan Law, a Muslim can not cast off through Will a couple of-1/3 of what stays of his belongings after his funeral fees and money owed are paid. Therefore, the last two-thirds of the belongings have to go to the heirs of the deceased as in intestacy (i.e., E. The persons entitled to the property of the dead as in keeping with Mohammedan laws of succession relevant to such dead) until his heir consents to the endowment in extra of the third in favor of any other. It is pertinent to word that in the case of Sunni Muslims. At the same time, a legacy to a stranger (a person who is not an inheritor) to the quantity of one-third is permissible; any bequest to an heir isn’t always valid unless the other heirs of the testator consent to this type of legacy, even though It’s miles within this permissible restriction of 1-0.33.


The consent of the alternative heirs to this sort of legacy ought to take delivery after the testator’s loss of life, and such consent might bind the percentage of the respective heir. However, in the case of Shia Muslims, a legacy may be made to a stranger and an heir (even without the consent of the other heirs) so long as it does not exceed 1-0.33 of the estate of the testator.

But, if it exceeds one-third, it isn’t valid unless the other heir’s consent. In the case of Shia Muslims, the heirs’ consent may be given both earlier than or after the testator’s death. The above rule below Mohammedan Law, which restricts a Muslim from bequeathing a couple of-0.33 of their estate via Will, may not strictly observe certain sects of Muslims, together with Khoja Muslims, Cutchi Memons, or Muslims who have solemnized their marriage underneath the Special Marriage Act.

Consequently, assuming you do not fall under an exempted class or sect as mentioned above, the only-1/3 rule applies to you. You can make a Will bequeathing one-third of your property (together with immovable assets) to a stranger (or maybe to an inheritor in the case of Shia Muslims).

In recognizing the final -thirds of a property, if the beneficiaries under your Will are not the same as your heirs under Mohammedan Regulation, then such legacy would not be valid until your heir consents to such endowment, as stated above. Regarding your different belongings, it would be essential to determine how the assets are held with you and the second holder.

In case your assets are held as tenants-in-common with the second holder, it’d be open for your heirs to, say, a share in the one’s property (to the volume of your percentage), considering, unlike joint tenants where at the loss of life of one of the persons, their interest in the property routinely passes to the surviving joint owner, inside the case of tenants in the commonplace, the interest of the deceased proprietor passes to heirs according to with the policies regarding intestate succession under the private Regulation applicable to him or as consistent with the Will and now not upon the surviving proprietor.