Querist :
Anonymous
(Querist) 22 January 2012
This query is : Resolved
I have a house and i have no any childerns. I want that after my death my wife have full owner of this house. How is possible . pleae guide me
Raj Kumar Makkad
(Expert) 23 January 2012
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. 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.
An hairless Muslim can bequeath his entire property. In case, his wife, is the only heir, he can bequeath all his properties minus the share of his wife (as per Koranic table).
prabhakar singh
(Expert) 23 January 2012
NO will for more than 1/3 rd would be legally possible.
Even death bed gift shall not serve the purpose as the same ban will apply.
However it is possible for you to make an oral GIFT just now in your wife favor to gather with delivery of possession and acceptance there of by your wife where after you can also make the gift noted on any plain peace of paper without any payment of stampduty for her record of evidence and mutation in records of right.
NO OTHER WAY OUT IS LEGALLY POSSIBLE IN MUSLIM LAW FOR DESIRED PURPOSE.
Querist :
Anonymous
(Querist) 24 January 2012
Sir There are different view ?
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