Muslim will validity
1 week ago
Muslim women write a registered will of her self acquired land to one of her grandchild is it valid? Other layer saying as per Muslim law will valid only upto 1/3 of the property . but as I can see an answer from ur website as below
A.Dear Client,
you can will your property to your wife and also you are at your liberty to transfer his entire property in your lifetime through a gift to any person. In cases where the subject matter of property is an immovable property, situated in the state of West Bengal, Chennai and Bombay, the Muslims shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of testamentary succession.
Which one is correct sir?
Can you please provide your contact number
A Muslim regardless of gender is allowed to make a Will for his/her property up to one-third of his/her bequeathable property. This one-third limit is calculated after deducting expenses such as debts and funeral costs. Any bequest exceeding the limit of one-third will not be effective unless the legator's heirs consent to it. As per the Muslim law of inheritance, KITAB AL-FARA'ID, in case the deceased is survived by one real daughter and one or more than one granddaughter they would get one-sixth. The granddaughter is not entitled to any share if a son survives the deceased, but if grandsons and granddaughters survive him/her, they would be treated as 'Asaba and the male grandchild would get double of what goes to the female grandchild. So, given the provision of the law of inheritance, even if the testator/legator bequeathed her property in favour of her one grandchild by a will, the other grandchildren can challenge the validity of said testamentary document before the Civil Court on the ground of fraud, coercion, and undue influence applied on testator in making the will.
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 per the will, but whole of the property can be given to just one grandchild
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