Property( muslims)
shaik. Muneer Basha
(Querist) 01 May 2013
This query is : Resolved
a house entitled in the name of mother who has 3 daughters and 4 sons, she(mother) created a will in favour of last 2 sons, this will is duly signed and accepted by all daughter and sons
is it valid, after she(mother) passed way.is this will is a valid instrument for absolutely transfering the property in the name of remaining two last sons
if any one,that is who accepted the will earlier who accepted the will rises any objection, what would be the legal complications
Khaleel Ahmed Mohammed
(Expert) 01 May 2013
Will is not valid in Muslim Law. The mother can give the property by way of oral gift to her sons or daughter in total of her property provided the consent of all her heirs should be obtained.
shaik. Muneer Basha
(Querist) 01 May 2013
Aslam wlkm sir
consent of all other should be in writing ?
consent of other for giving gift is also required ?
what is meant of oral gift ?
Raj Kumar Makkad
(Expert) 01 May 2013
I completely disagree with Ahmad.
According to Muslim Law, any person, who is a major and is of sound mind can make a will. However, a minor can make a will subject to ratification on attaining majority. According to Muslim Law, the age of Majority is 15 years, but it is not applicable to the wills in India.
A Muslim cannot dispose of by will more than 1%3 of the net assets after allowing (meeting) for the debts and funeral expenses of the testator (under both Hanafi Law and Shia Law). The remaining 2/3 share should be made available for distribution amongst the heirs. Even for bequeathing the 1/3 share, the Muslim has to obtain the consent of the other heirs. Relevant Case on this point is: GULAM MD.vs. GULAM IIUSSAIN, AIR 1932 PC 81 ... Held in this case that, bequest in favour of heirs without the consent of other heirs is invalid.
It means a third of the estate of the testator as is left after the payment of the funeral expenses, other charges and debts of the deceased (testator). All schools of Muslim Law except the Ithana Ashari School lay down that bequest of more than one third unless consented to by the heirs is invalid or a custom or usage so permits.
Raj Kumar Makkad
(Expert) 01 May 2013
Mr. Basha! Your query relates with the will and not with the gift so be confined to your facts and read the advice as given above.
The will is invalid in the given case as there has not been made provision of last rites and it exceeds more than 1/3 share after deduction of last rites expenses and debts if any over the deceased.
Raj Kumar Makkad
(Expert) 01 May 2013
Mr. Basha! Your query relates with the will and not with the gift so be confined to your facts and read the advice as given above.
The will is invalid in the given case as there has not been made provision of last rites and it exceeds more than 1/3 share after deduction of last rites expenses and debts if any over the deceased.
prabhakar singh
(Expert) 01 May 2013
wlkm slam mian!
Under muslim law Wills and Gifts are treated at par when made on death bed,where a muslim can not bequeath more than 1/3rd without consent of quranic heirs,for which consent should be free,not necessarily to be in writing.
But in early age of life a muslim is free to gift all he owns without any consent of others.Such gift may be oral accompanied by
delivery of possession and accepted by donee.
R.K Nanda
(Expert) 01 May 2013
no more to add.
shaik. Muneer Basha
(Querist) 01 May 2013
thanks to all for providing such a experise suggestion
shaik. Muneer Basha
(Querist) 02 May 2013
from the above suggestions it is cleared
that a muslim woman can gift her property even wholly when she is not on the Death bed is it right
is she create will for 100% of her property when she is healthy and not on the death bed where other heirs also given consent is it valid
1/3rd portion gift or will only applicable when she is on the death bed
am i correct on the above points ?
shaik. Muneer Basha
(Querist) 07 May 2013
the other heirs who have given consent to the Will, do they have the right to withdraw their their given consent later on
Khaleel Ahmed Mohammed
(Expert) 08 May 2013
Dear Basha,
Health condition and death bed is not critaria , A mohammadan is entitle to execute a will only upto one third of his or her property. Prophet clearly directed muslims avoid the practice of the will.
prabhakar singh
(Expert) 08 May 2013
YOUR UNDER STANDING "that a muslim woman can gift her property even wholly when she is not on the Death bed is it right"IS ABSOLUTELY WRONG.THAT IS NOT WHAT I SAID.REREAD THE ANSWER.CHEW IT WORD BY WORD TO ASSIMILATE.
IF YOU CAN NOT?
THEN I SAID THAT NO MUSLIM IS ALLOWED TO TO WILL MORE THAN 1/3rd OF PROPERTIES HE OWNS.
BUT BARRING DEATH BED A MUSLIM CAN GIFT ALL HIS PROPERTIES.
THE NEXT THING I SAID THAT IF ANY MUSLIM GIFTS ALL HIS PROPERTIES WHILE ON DEATH BED
THEN LAW OF WILL AMONG MUSLIM SHALL APPLY
AND GIFT IN THAT CONDITION SHALL BE VALID ONLY FOR 1/3rd AS IF IT WAS A WILL.
UNDERSTAND!
IF NOT?I HAVE NO ENERGY TO EXHAUST!OKAY!!!!!!
