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ravikumarbcombl (advocate)     10 March 2008

succession act

this is the fact. a muslim male married and got a daughter, he goes to second marriage after the death of his first wife........ he had a self earning property and he would like to bequeath the property to the daughter of his first wife after his life time. he can make a will and  it is  valid..... right?  i would like to know whether any future issues  will arise on it.

i need your valuable opinion on this.

thanks and regards





 1 Replies

Rajendran Nallusamy (Advocate)     06 May 2008

Muslim law recognises that persons may leave behind a will, but a will (unless ratified by all the heirs of the person leaving behind the will) is valid only to the extent of one-third of the deceased's property. Insofar as it is valid, it is governed by the regular laws applicable to wills in India.

The reason for restricting a person's testamentary capacity to a third is on account of what has been stated by the Prophet Himself in conversation with one of his disciples, Abu Waqqas.

Abu Waqqas was ill and very near dying and the Prophet came to see him. Abu Waqqas said to the Prophet, "O Prophet, I have much property and no heir other than my daughter. May I leave a will, bequeathing all my properties for charitable purposes?" The Prophet replied that he could not. "May I leave 2/3rd then?", he asked. The Prophet again replied that he could not. "May I leave half then?" Again the answer came in the negative. "May I leave 1/3rd then?", he persisted. And the Prophet replied, "Make a will disposing one third in that manner, for one third is a great deal." The Prophet went on to say, "Verily, it is better that you leave your heirs rich, than to leave them poor to beg."

This account is related in the book, Mischat ul Masabih. Since this rule is something the Prophet has Himself stated, it has the force of law, it being a Sunna.

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