Adoption by muslim without any paper work

1. Now Muslims can adopt. Read and understand annexed 14 page 2014 Judgment of Hon’ble SC of India. 

2. As per Muslim personal Law in the event of father’s death when no will is made, 1/8th. property will go to his widow and rest will go to adopted child. If widow mother makes a will then she can give away whole property to her daughter (adopted) or if there is a son (in future in reference of this brief) then only 1/3rd. can be given to female adopted daughter is my view. 

3. The general rule under Muslim personal laws in India, Shariat is that a Muslim may, by his will, dispose only up to 1/3rd. of his property which is left after payment of funeral expenses and debts without the consent of his heirs. The remaining 2/3rds. of the testator’s property must go to those who are his heirs at the time of his death. With respect to Shia Muslims, the bequest of the permissible 1/3rd.  may be made either to an heir or to a non-heir. However, with respect to a Sunni Muslim, the 1/3rd.  bequest may be made only in favour of a non-heir without the consent of his heirs. If it is made to an heir, it is invalid unless consent of heirs is obtained after death of testator, in which case it is valid.

4. It would also be open to a Muslim to transfer his entire property during his lifetime by way of a gift to any person, unless the gift is a marz ul maut (death bed) gift. The concept of Marz ul maut is regarded under Muslim laws to be a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. Another related interesting fact here is that a gift made by a person suffering from marz ul maut cannot take effect beyond 1/3rd.  of the estate of such donor after payment of funeral expenses and debt (if any), unless the heirs of the donor give their consent after the death of the donor to the excess taking effect.