A Muslim cannot dispose of more than one-third of the net assets of his will after taking into account the testator`s debts and funeral expenses. The remaining 2/3 must be made available for distribution between the heirs. Also for the inheritance of the 1/3 share, the Muslim must obtain the consent of the other heirs. Thus, a Muslim`s testamentary capacity is limited by two main limitations. Reduction of legacies Tax deduction If a legacy of more than one third of the property is made to two or more persons and the heirs do not give their consent, the shares are proportionately reduced to one third, i.e. the legacy is reduced less. The above rule applies only to Sunni law. Chronological priority According to Shia law, when several bequests are made by will, priority is determined by the order in which they are mentioned or by the time they are mentioned. Bequests therefore take effect in the order of their preference. The legatee first mentioned in the will receives his share as mentioned in the will.
After giving his share, the rest goes to the second legatee. If there is something left, it goes to the third and once the third property is exhausted, the distribution is stopped and the next legatee receives nothing. So here, a legatee gets his share or gets a share or nothing at all. Endnotes *The book discussed here is Family Law II by A.K. Jain Estate planning is something we all have to do at some point in our lives, but it`s also harder than it sounds on YouTube. This is especially true if your estate planning involves both secular and religious rules. When it comes to planning Islamic property, it`s never a good idea to go it alone. This is especially true if an estate requires special documents such as an Islamic will. Be sure to consult with a qualified estate planning attorney in your area before diving into the details of an Islamic will. In the meantime, however, it doesn`t hurt and teaches a little more about what it takes for an Islamic will. Muslim law refers to the testamentary document which refers to the will as Wasiyat. The will or wasiyat is a document drawn up by the legatee for the benefit of the legatee and takes effect after the death of the latter.
Under Muslim law, no one has the right to draw up a will covering all his property. However, unlike a secular will, an Islamic will also includes Shariah-based complaint solutions to manage your estate after your death, including: After purchase, your documents will be available in your dashboard. You can make changes to your documents free of charge for 12 months from the date of purchase. You can still make changes after 12 months for a small document update fee. Wills and Islamic laws in India are important aspects of personal estate planning. There are a few important points to remember when drafting a will/settlement of your estate through Islamic law. Will power and its limits (hereditary from a third party) A Muslim does not have unlimited power to make arrangements by will. There are two restrictions on a Muslim`s power to dispose of his property by will, namely with regard to the person to whom the bequest is made, and with regard to the extent to which he can dispose of his property. This is obvious, since behind this restriction lies the protection of the interests of the heirs of the deceased.
# No Muslim can inherit more than a third of his net worth after paying funeral expenses and debts. If the inherited wealth exceeds one third, the consent of the other heirs is essential (Sunni and Shiite law). A bequest of all property to an heir to the exclusion of other heirs is null and void -Husaini Begum V. Mohd. Mehdi If the heirs refuse their consent, the inheritance would only be valid for one third of the property, and the rest of the two thirds would pass through legal succession. # With regard to one-third of the inheritance to one heir, the consent of the other heirs is required under Sunni law, but not under Shia law. In the case of a (foreign) non-heir, the consent of the heirs is not required in both cases. # The above third-party inheritance rule does not apply in case the testator has no heir.
The government`s right to take over the estate of an heir in no way restricts a person`s right to dispose of his or her property at will. The government is therefore not the heir of a person without an heir. # A bequest for pious purposes is equal to or equal to one-third of the property, under Sunni and Shia law. # The «1/3 limit» rule does not apply when a Muslim marries under the Special Marriage Act, 1954, as he then has all the powers of a testator under India`s Succession Act, 1925. Consent of heirs Consent must be given by the heirs and not by the presumed heirs. The status of heir or not is determined at the time of the testator`s death, since a person who is heir at the time of writing the will does not remain heir at the time of the testator`s death, and vice versa.