Property

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

I am a Muslim and I understand that after my loss of life, my property could be inherited in line with Muslim Regulation (Shariah), need to an immovable asset like a house property be bequeathed 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 to decide if I need to draft a Will or not. Aside from my house, the opposite assets have a 2nd holder in the vicinity so I’m not an awful lot involved approximately the ones.

Please suggest me on this difficulty.

—Anwar Tamboowala

In India, subjects referring to 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. The persons entitled to the property of the deceased as in keeping with Mohammedan laws of succession relevant to such deceased), until his heirs consent to the bequest in extra of the third in favour of any other.
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It is pertinent to word that in the case of Sunni Muslims, whilst a bequest to a stranger (i.E., 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 bequest, despite the fact that It’s miles within this permissible restriction of 1-0.33.

The consent of the alternative heirs to this sort of bequest ought to take delivery of after the loss of life of the testator and such consent might bind the percentage of the respective heir.

inside the case of Shia Muslims, however, a bequest may be made to a stranger and/or to an heir (even without the consent of the other heirs) so long because it does now not exceed one-0.33 of the estate of the testator.

but, if it exceeds one-third, it isn’t valid unless the other heir’s consent.

inside the case of Shia Muslims, the consent of the heirs may be given both earlier than or after the death of the testator.

The above rule below Mohammedan Law, which restricts a Muslim from bequeathing a couple of-0.33 of his or her estate via Will, may not strictly observe to 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 underneath an exempted class or sect as mentioned above, and the only-1/3 rule applies to you, then you can make a Will bequeathing one-third of your property (together with immovable assets) to a stranger (or maybe to an inheritor inside the case of Shia Muslims).

In recognizing of the final -thirds of a property, if the beneficiaries under your Will are not the same as your heirs under Mohammedan Regulation, then such bequest would not be valid until your heirs consent to such bequest, as stated above.

As regards your different belongings, it would be essential to determine the way wherein the assets are held with the aid of you and the second one holder.

In case your assets are held as tenants- in-common with the second one holder, it’d be open on your heirs to say a share in the ones property (to the volume of your percentage), considering, unlike joint tenants where at the loss of life of one of the persons, his or her interest in the property routinely passes to the surviving joint owner, inside the case of tenants in commonplace, the interest of the deceased proprietor passes to heirs according 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.

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