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 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 is 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 heir consents to the bequest in extra of the third in favor of any other. 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, even though 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. However, inside the case of Shia Muslims, 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 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. Inside 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 his or her 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 underneath an exempted class or sect as mentioned above, and 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 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 heir consents to such bequest, as stated above. Regarding your different belongings, it would be essential to determine how the assets are held with 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 one’s 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 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.
