Introduction
Everyone wants to ensure that his life is important and worries after his death for his belongings. A person can make sure that his property is transferred and to whom it will be transferred by Will after death. A will\wasiyat is a legal document by which a person, the tester exemplifies his wishes to disperse their property at death and calls one or more individuals, the executor, to administer the property before it is eventually distributed.
WILL UNDER MUSLIM LAW
While under the Muslim law, the majority of an individual is at the age of 15; but in India Section 3 of the Indian Majority Act of 1875 overrides this law, stating that; “minority” ends at the age of 18, the minority ends at the age of 21, if the guardian was appointed by the court for the minor. Therefore, in the case of Mohammedans, minorities for the purpose of a will, gifts, benefits, etc., do not end at 15 years, but at 18 years.
The Quran is based on Islamic practice. The Quran is indeed God’s relevance that was made at various times to Prophet Mohammad. A Muslim’s execution of a will is referred to as ‘Wasiyat’ by Islamic law. The person who conducts the Will shall be called a legator or a ‘testator’ and; the individual who promotes the Will is known as a ‘legatee’ or a ‘testatrix.
Any adult Muslim, with a sound mind, can do a will under Muslim rule. A minor or an unstable person is not able to do a will.
When a legator is Muslim when he conducts the will, he shall be subject according to Muslim Personal Law.
According to this law, only one-third of his total property will be given by a Muslim in favor of anyone. If the Will is exercised over a third of the house, the consent of legal heirs, irrespective of the favor, is mandatory. No clear formalities for the execution of the Will are specifically suggested by Muslim law. In the validation of a will, the intention of the legator is crucial. The intention should be explicit, clear, and unambiguous will can be done by speech, written or gestures. Muslim legislation allows an emancipated right to an exercise of legation that it can at all times revoke the Will or any part of the Will that it executes. Likewise, he can also add to the Will something reasonable.
The law on Muslim wills is different from those of Hindus or the Indian Succession Act of 1925. This is because the disposition of property by the testament under Muslim Law is regarded as divine and draws from the Quran.
The Muslim will be not subject to the 1925 Act of Indian Succession. In India, Muslim personal laws or the Shariat law; prescribe certain rules or regulations as well as ways of disposing of the property of an individual. In the same way, Islamic law promotes sulha (mediation) and tahkim (arbitration) disputes outside the court. Islam’s processes of conflict resolution form part of a broader Islamic legal framework.
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