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Ibraheem   13 October 2021

Muslim inheritance by will

Sir
Can I transfer my 100% property to my one son (out of 3) by WILL registered under registration act.

Or is there any restrictions by muslim personal law (like one third transfer only) by will.

Do I need to take consents from my other two sons before making will or after making will in favour of one son.


 5 Replies

Anusha Singh   14 October 2021

As per your query it is understood that you need information regarding the inheritance in Muslim law.

A Muslim whose marriage is solemnized under the provisions of the Special Marriage Act, 1954 (instead of Muslim personal laws). The rules of Muslim personal law in such case cease to apply to him with respect to matters of succession of his property. Accordingly, such a Muslim may, by his will, dispose his entire property without the requirement of his heirs’ consent.

If your marriage is solemnized according to the Muslim personal law then you have to follow the rules of inheritance which are laid down by the Muslim personal law.

It is correct that the general rule under Muslim personal laws in India (Shariat) is that a Muslim may, by his will, dispose only up to one-third of his property which is left after payment of funeral expenses and debts without the consent of his heirs. The remaining two-thirds of the testator’s property must go to those who are his heirs at the time of his death. With respect to Shia Muslims, the bequest of the permissible one-third may be made either to an heir or to a non-heir. However, with respect to a Sunni Muslim, the one-third bequest may be made only in favour of a non-heir without the consent of his heirs. If it is made to an heir, it is invalid unless consent of heirs is obtained after death of testator, in which case it is valid.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

Ibraheem   14 October 2021

Thanks Madam for Reply.

Actually my query is :- I heard that Muslim Act is applicable only in case of intestate succession, But in my case WILL is registered at Sub-registrar office. So Can I transfer 100% share to one son only. 
Or still My son needs to take consent from my other two sons.

P. Venu (Advocate)     14 October 2021

What do you mean by  "But in my case WILL is registered at Sub-registrar office"?

 

Ibraheem   14 October 2021

It means I have registered will (ecchapatra) 

P. Venu (Advocate)     14 October 2021

It makes no difference that the Will is registered!


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