IQBAL (PRIVATE JOB) 23 May 2025

Draft (wasiyat-will) check request if violating any rule

WASIYATNAMA (WILL)
By: ABC, Wife of DEF

I, ABC, wife of DEF, approximately 75 years of age, Aadhaar No. ...., Passport No. ....., resident of House No. ......Uttar Pradesh, being of sound mind and full mental capacity, hereby make this Will as my final wish in accordance with Muslim Shariah Law.

Background:

My son, XYZ(Passport No. ,,,,,), passed away on 26 April 2016. He left behind two self-acquired properties:

Property 1: House No. ,,,,,Deen Dayal Nagar, Chandauli – 232101
Property 2: Agricultural land, Khasra No. ,,,, Khata No. ,,,, Fasli Year 1432 (01 July 2024 – 30 June 2025), located in Village: Aihar, Tehsil: Dalmau, District: Raebareli

As per Shariah, I am entitled to a 1/6th share in the estate of my deceased son.

I have filed Civil Suit No. === in the court of Civil Judge (Junior Division), Chandauli, for the legal enforcement of this right.

I have received three religious fatwas (2019) validating my rightful share under Islamic law, issued by the following institutions:

ABCD
MNOP
RSTU

These fatwas are attached herewith as part of this Will.

Declaration of Will:

If during my lifetime I receive or the above-mentioned properties are transferred to me in part or in whole (1/6th share), I shall be their rightful and lawful owner.

However, if I pass away before receiving this share, I bequeath that my 1/6th share be distributed as per Islamic Shariah to my rightful legal heirs according to Islamic inheritance laws.

This distribution must be:

Peaceful and prompt
Free from any dispute or delay
In accordance with the guidance of the aforementioned fatwas

Final Affirmation:

This Will has been made voluntarily, without any pressure or coercion. It represents my sincere and truthful intention, in accordance with Shariah and the laws of the land. I request my heirs and the concerned authorities to respectfully implement this Will.

Declared at: Deen Dayal Nagar, Uttar Pradesh
Date:

Thumb impression of the Testatrix : _______________________

Witnesses:

Name: _______________________
Address: ____________________
Signature: ___________________

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 24 May 2025

Islamic law imposes a stringent rule that governs the validity of a Will. According to this rule, a Muslim can bequeath assets to anyone, but only up to one-third of their total property. If the Will exceeds one-third of the property, the consent of the legal heirs becomes mandatory, regardless of the intended beneficiary.

One can postulate that a Will represents a voluntary transfer of ownership facilitated through a testamentary document, which becomes operative upon the death of the testator. In terms of the legal concept, a Will essentially functions as a testamentary gift.