• Will

My parents having 10 children (5 sons and 5 daughters).5 years ago we 5 brothers put equal shares and bought a house and registered under our mothers name.Now my question is that is it possible to write a" will" as per Muslim personal law like equal rights to 5 sons only after our mothers death?
Asked 7 years ago in Property Law
Religion: Muslim

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3 Answers

muslim cannot bequeath more than one third property by will after payment of funeral expenses and debts without the consent of his legal heirs The remaining two-thirds of the testator’s property must go to those who are his heirs at the time of his death

2) it is better your mother execute gift deed in favour of her son during her lifetime

Ajay Sethi
Advocate, Mumbai
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7611 Consultations

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Yes, she can write such a will after mentioning that the said property was bought in her name by all her five sons paying equally for the same for which she is bestowing the right, title and interest of said property to her 5 sons equally.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

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As per Muslim law the entire property cannot be bequeathed by a will to the beneficiary

The law on Muslim wills is different from the law governing wills made by Hindus or those made under Indian Succession Act, 1925. This is because, under Muslim Law, testamentary disposition of property is considered to be divine in nature and draws on the Quran.

According to the Shariat law, a person can only leave one-third of their property to anyone they wish. The remaining two-thirds will, by law, go to their heir or heirs, equally shared between them.

Now, this is in case the person has more than one heir, and would like to leave an asset or property to just one of them. Although he can make a will asserting the fact that heir 1 will receive the asset, it will not be valid unless, after his death, heir 2 is willing to sign over the rights to heir 1.

However, one can always leave the one-third of their asset to anyone (and even heir 1), since it is acceptable, and does not require anybody’s consent.

Therefore you should know what can be done to get the properties transferred to you five people alone.

Your mother can execute a Hiba or gift deed in respect of the entire property to devolve on all five people alone and can transfer the same immediately or by a settlement deed holding lifetime interest in it.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

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