Will by father

The operative of Will not be possible during the life time of its testator, so please state whether he is alive or not?

According to the Mohamedan Law, it places a two fold limitation on the testamentary capacity of the testator.  According to this law, a bequest to an heir is invalid unless the other heirs consent thereto after the death of the testator.  The heir who consents to his share exceeding the legal third will be bound by his consent.

The Mohamedan law does not prescribe any particular form of making a will. A valid will can be made both orally and in writing.  As writing is not essential, a will does not require to be signed or attested. The object of the will must be legal.  It does not requires to be probated.  there are little differences in Shia law and Sunni law on the subject.  But the major aspects mentioned above remain same except in Shia law, the consent of legal heirs to a bequest exceeding the legal third may be given either before or after the death of the testator, under Sunni law, it can be only be given after the death of the testator.