Dear Mr.Qais,
If you and your brother are also successors as per the will,he cannot transfer the will on his name without informing you and it will be a criminal breach.For your information I am enclosing the will of muslims:
Wills by Muslims
Under Muslim Law, every adult Muslim of sound mind can make a will. A minor or a lunatic is not competent to execute a will. Though under Muslim Law, a person gets the majority at the age of 15 years, but in India, the case of will is governed by the Indian Majority Act according to which the minority terminates at the age of 18 years, but if the guardian has been appointed by the Court for the minor, the minority will terminate at the age of 21 years. The legatee can be any person capable of holding property and bequest can be made to non-Muslim, institution, and charitable purposes. A bequest can be made to an unborn person and a will in favour of a child who is born within six months of the date of making the will can be a legatee. But according to Shia Law, a bequest to a child in the womb is valid, even if the child is in the longest period of gestation i.e., ten lunar months.
The property bequeathed must be capable of being transferred and the testator should be the owner of the said property. The property bequeathed should be in existence at the time of death of the testator, even if it was not in existence at the time of execution of the will. A Muslim cannot bequest his property in favour of his own heir, unless the other heirs consent to the bequest after the death of the testator. The person should be legal heir at the time of the death of the testator. However, under Shia Law, a testator may bequest in favour of his heir so long as it does not exceed one third of his estate and such bequest is valid even without the consent of other heirs. The consent can be given before or after the death of the testator. But if the entire estate is bequeathed to one heir excluding other heirs entirely from inheritance, the bequest will be void in its entirety. According to Sunni Law, the consent by the heirs should be given after the death of the testator and the consent given during the lifetime of the testator is of no legal effect. Under Shia Law, the consent by the heirs should be free and a consent given under undue influence fraud, coercion or misrepresentation is no consent and the person who has given such consent is not bound by such consent. The consent by the heirs can be given either expressly or impliedly. If the heirs attest the will and acquiesce in the legatee taking possession of the property bequeathed, this is considered as sufficient consent. If the heirs do not question the will for a very long time and the legatees take and enjoy the property, the conduct of heirs will amount to consent. If some heirs give their consent, the shares of the consenting heirs will be bound and the legacy in excess is payable out of the shares of the consenting heirs. When the heir gives his consent to the bequest, he cannot rescind it later on.
Principle of rate able abatement in case heirs does not give consent.
Under Hanafi Law, if a Mohammedan bequest of more than one?third of the property and the heirs does not consent to the same, the shares are reduced proportionately to bring it down to one?third. Bequests for pious purposes have no precedence over secular purposes, and are decreased proportionately. Bequests for pious purposes are classified into three categories:
(i) Bequest for faraiz i.e. purposes expressly ordained in the Koran viz. hajj, zakat and expiation for prayers missed by a Muslim.
(ii) Bequest for waji-bait i.e. purposes not expressly ordained in the Koran, but which are proper viz. charity given for breaking rozas.
(iii) Bequest for nawafali i.e. purposes-deemed pious by the testator, viz. bequest for constructing a mosque, inn for travellers or bequest to poor. The bequests of the first category take precedence over bequests of the second and the third category and bequests of the second category take precedence over those of the third.
Under Shia Law, the principle of rate able abatement is not applicable and the bequests made prior in date take priority over those later in date. But if the bequest is made by the same will, the latter bequest would be a revocation of an earlier bequest.
No writing necessary
Under Muslim law, a will may be made either orally or in writing and though in writing, it does not require to be signed or attested. No particular form is necessary for making a will, if the intention of the testator is sufficiently ascertained. Though oral will is possible, the burden to establish an oral will is very heavy and the will should be proved by the person who asserts it with utmost precision and with every circumstance considering time and place.
But if the marriage of a Muslim has been held under Special Marriage Act, 1954, the provisions of Indian Succession Act, 1925 shall be applicable and he cannot execute a will under Muslim law.
Revocation of will by a Muslim
The testator may revoke his will at any time either expressly or impliedly. The express revocation may be either oral or in writing. The will can be revoked impliedly by testator transferring or destroying completely altering the subject matter of the will or by giving the same property to someone else by another will.