Islamic sharia over property divide
ahmed
(Querist) 21 March 2015
This query is : Resolved
Hi i want to know some info related to queries had mentioned.
1.A Person made a will by dividing the property on his 4 sons and he died after several years.without handover power of attorney to anyone in his family.does anyone of the family member has rights to modify his will.let it be his wife or any son.
2.As per sharia if 1st Son dies without getting his property share his sons are eligible to get der property share as per his grand fathers will.
3.Is the Grand sons property share get reduce due to der father's death.
4.Does any one has rigts to modify the will and add daughters after his fathers death in which his father had not allowed shares to daughters.
5.if some one who modifies the will after his fathers death wht are punishments are der for him as per penal codes or sharia rules.
Kindly reply to my queries as per Islamic law.
M.Sheik Mohammed Ali
(Expert) 21 March 2015
1. As per Muslim law, if any one died without write a will, all the legal heir having share male 2%, female 1%,,
2, his sons having get rights to share
3. no
4. if not mentioned wont to give
5. its invalid
ahmed
(Querist) 22 March 2015
Thanks alot for your valuable reply sir..I would like to request you to confirm me on is any mufti who had given fatwa as grand sons has less value of property shares due to der father's death .Is this fathwa can be considered? Also
2.let me know how can i book case against a person who had modified the will after his fathers death.Need your kind advise.
3.is der any provison if any family member who has my grand father will and he is not ready to give a copy to his family members how to obtain it.
T. Kalaiselvan, Advocate
(Expert) 22 March 2015
If a person dies leaving a will i.e. dies intestate, the property is distributed among his/her heirs according to the rules of Testamentary Succession. In other words, the property is distributed as per the contents of the testament or will.
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 1/3rd share, the Muslim has to obtain the consent of the other heirs.
Muslim law requires no specific formalities for creation of a will. It may be made in writing or oral or even by gestures. Though it is in writing, it need not be signed by the testator and attested by the witnesses. It is necessary that the intention of the testator should be clear and unequivocal.
to your queries:
1)No, only the testator has that rights.
2)Law of succession as per Muslim personal law will operate.
3)same as above.
4)& 5) refer 1st answer.
