Will of a Muslim

N.K.Assumi (Querist) 15 September 2008 This query is : Resolved
Does the will of a muslim also has to be in writing only?

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arunprakaash.m. (Expert) 16 September 2008
Not necessary. But a muslim cannot bequeath more than 1/3 of his property.

N.K.Assumi (Querist) 16 September 2008
Ok, but the query is whether oral or only written that is the issue.

Srinivas.B.S.S.T (Expert) 17 September 2008
Sir Section 184 of Mohammedan Law described the formalities of a valid will

A will may be made in any manner showing a clear intention to make it (whether such intention is expressed orally or in wrting, or where there is inability to do so, then by signs) and shall take effect on acceptance, expressly or impliedly, by the legatee after the testator's death.

A will may be made orally
Ibrahim Shah Mohammad Vs Noor Ahmed Mohammad (1983) 2 Civil. L.J 263

AIR 1940 Mad 153

I think its called HIBA. Regards. Srinivas BSST

G. ARAVINTHAN (Expert) 27 September 2008
Hiba means gift and i think it is different from will and even a muslim can testate not more than 1/3rd of his total wealth

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