A will, also known as a testament, is a legal declaration of a testator’s purpose with respect to his property that he wishes to be followed out after his death, according to section 2(h) of the Indian Succession Act, 1925. A will written by a Muslim is known as a “Wasiyat” in Islamic law. From the perspective of a Muslim, a well-known scholar named Ameer Ali described will as a “divine institution.” Because of its connection to the Holy Quran, it was given this name. Another wasiyat regulation is that a Muslim can only create a will in favour of one third of his whole property, and if the property exceeds this share, the legal heirs’ consent is required.
Essentials- There are certain essentials that need to be kept in mind in matter of a Wasiyat , The person writing the will, known as the legator, must be competent to do so and the legatee/testatrix must be capable of acquiring the inheritance. The property that the legator gives must be a bequeathable item, both the legator and the legatee must freely consent and the property should be left to the legator in his or her will.
Testator and its competence- During the execution of the will, the legator must be a Muslim; a will can only take effect after the legator’s death. A will executed by a Muslim who ceases to be a Muslim at the time of his death is lawful according to Islamic law. The testator must be of sound mind and have reached the age of majority at the time of the will’s execution. A will is void if it is carried out by someone who is mentally ill. Finally, the legator’s approval to the will must be freely given without the use of coercion, fraud, or other coercive techniques.
Legatee and his competence-
BEQUEST OF AN INSTITUTION-A bequest can be legitimately made for the benefit of any institution, religious or charitable object, as long as it does not contradict Islam.
BEQUEST IN FAVOR OF A NON-MUSLIM- A bequest in the name of a non-Muslim is legal. As a result, it is apparent that a Muslim can gift his property to a non-Muslim as long as the non-Muslim is not antagonistic to Islam.
-BEQUEST TO A TESTATOR’S MURDERER- A bequest to a person who has caused the death of a testator is invalid under Sunni law, but it is valid under Hanafi law if the heirs consent. In Shia law, however, it is invalid if it is done on purpose.
-BEQUEST TO AN UNBORN Kid- A child born within six months of the date of the will is considered a legatee and is capable of receiving a bequest. A bequest to a kid in the womb is valid in Shia law for the entire gestation period.
Construction of a will- A will must be written in the Legator’s preferred language and must reflect his wish to transmit the property. The Testator’s wording is frequently ambiguous, and his aim is unclear. In such a case, the heirs are given the option to explain the Will in any way they see fit.
Revocation of a will-
express revocation – can be oral or written
implied revocation – if the testator later transfers, destroys, or completely changes the nature of the subject-matter of the will, or adds anything to it that prevents the property from being distributed.
subsequent revocation – When a legator prepares a Will and subsequently gives the same property to someone else in a future Will, the prior gift is revoked.
Conclusion- Wasiyat is an instrument through which a Muslim individual exchanges his property with his full agree to someone else. It gives the individual certain forces to give his property to his preferred individual. Other than giving forces, law likewise secures the privileges of beneficiaries in the property by restricting the forces of passing on the Testator. Quran had additionally perceived the moving of property through Will. Progression Laws had perceived certain standard arrangements to pass on the property of Muslim to someone else, all together, to make it simple for Muslim individual moving his property. In addition, arrangement for enlistment and renouncement of Wasiyat had additionally been given.
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