Distribution of Asset under Muslim Law
10 months ago
I had a few queries regarding the distribution of assets under Muslim Law
1. Can a Muslim also transfer 100% of their assets through Will?
2. What is the risk of Muslim transferring 100% of assets via a Will instead of 2/3rd. Can a Will be declared invalid?
3. What are the safeguards if a Muslim wants to transfer his/her entire estate via a Will?
4. Is there any difference between Sharia Law and Sunni Laws with respect to Will writing?
A.Dear client,
A Muslim can't dispose more than one-third of his property without the consent of his heirs. This includes the assets left after payment of funeral expenses and debts. The remaining two-third property is the legal right of his heirs at the time of his death.
With respect to Shia Muslims, bequeathing one-third estate to an heir or to a non-heir is permissible. However, under the Sunni Muslim personal law, the one-third inheritance may be made in favour of a non-heir without seeking the consent of legal heirs. If it is made to an heir, it is invalid unless the consent of other heirs is obtained after the death of the testator.
A Muslim can't dispose more than one-third of his property without the consent of his heirs. This includes the assets left after payment of funeral expenses and debts. The remaining two-third property is the legal right of his heirs at the time of his death.
With respect to Shia Muslims, bequeathing one-third estate to an heir or to a non-heir is permissible. However, under the Sunni Muslim personal law, the one-third inheritance may be made in favour of a non-heir without seeking the consent of legal heirs. If it is made to an heir, it is invalid unless the consent of other heirs is obtained after the death of the testator.
Helpful
Helpful
Share
Read Related Answers
Muslim will validity
Dear Client,
Regardless of the self acquired property a muslim woman is entitled to provide only 1/3rd of her property to her grandchildren, a total of only 1/3rd this could be in lesser portion as p...
Muslim Bigamy
Dear Client,
This law validates polygamy for Muslim men in India. A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives...
Property Rights according to Islam Law
Dear Client,
Wa Alaikum Assalam Warahmatullahi Wabarakatuh! I understand your concern regarding the ownership of the property left by your father (Dasthakir). To clarify the ownership and facilitate t...
Inheritance of property
Dear Client,
The first wife and children can't claim the self-purchased property of the second wife until and unless the second wife has inherited the said property to them by will.
Thank You.
Religion Change
Dear Client
Before initiating the conversion process, it is advisable to gain a comprehensive understanding of the beliefs, practices, and principles of Islam. You can do this by studying the Quran, v...
Read Blogs on Muslim Laws
Muslim Laws Lawyers
Find Lawyers by Location
