Muslim right to execute a will
chandrasekhar
(Querist) 10 August 2012
This query is : Resolved
can a sunni muslim bequeath his self acquired property by way of a registered will to his 2 daughters excluding two sons
and after his death , daughters are in possession and enjoyment of the property and tax was mutated in their name since 2005
Adv.R.P.Chugh
(Expert) 10 August 2012
A Muslim's capacity to bequeath property by will is limited to 1/3rd of his total. For the will to take effect over and above 1/3rd - consent of all legal heirs is required. Hence in this case the son cannot be completely ousted unless his consent is obtained to that after father's death. The fact that daughters have been enjoying the property since 2005 is of no avail. The Son under Muslim takes double the share of a daughter. Hence for eg if in the above example the total property is 6. 2 can be given by will without concurrence. The remaining 4 goes by succession - with son getting 2/4th and daughters getting 1/4th each. In the ultimate analysis each getting a 2/6th share.
Hope this helps !
