According to Muslim Law in India, any person, who is a major and is of sound mind, can make a will. Though under Muslim Law, a person attains majority at 15 years, but in India minority terminates at the age of 18 years, and if a guardian has been appointed by a Court for a minor, then minority will terminate at the age of 21 years.
A Muslim can bequeath any property movable or immovable, corporeal or incorporeal, which must be in existence and transferable at the time of testator’s death. Any person having capacity to hold the property can be a legatee (The person/s, in whose favour, the will is created is called ‘Legatee’). The Legatee may be a Muslim or a Non-Muslim, man or woman a major or a minor or even a child in the womb provided the child is born within 6 months of the death of the testator.
However, Shia Law differs in respect of this period and says Will can be made in respect of an unborn child even if it takes birth in the longest period of gestation i.e. ten lunar months. A Muslim wife can never be disinherited. However, if she is one of multiple wives, she is required to share her inheritance in equal portions.
