Student in India
The paper will revolve around the concept of will under Muslim law. Will under Muslim law be called “wasiyat”. Tyabji describes Will as “conferment of right of property in a specific thing or in a profit or advantage or in a gratuity to take effect on the death of the testator.” Will is a document through which the owner can make a disposition of his or her property,. A will is different from the other methods of disposition property as it only takes effect after the death of the owner. The concept of will/wasiyat is “regulated by the Quran and supplemented by the traditions of the prophet.” The will can be divided into parts, firstly 1/3rd of property can be made to altruistic, pious or religious objectives. Secondly the 2/3rd of the property will go according to the laws of succession. The paper is written after doing both primary and secondary research. The research methodology took into consideration few important cases. The main question on which the paper resolves is what is wasiyat. The research paper will also cover the essential points of a valid will and it deems to cover to competency of testator and legatee. The other research questions which will be covered in this research paper is how important consent of heirs is while making wills and what all can be written in a will. The main objective is to study wills and draw a difference between sharia law and Sunni law . “prophet has declared that the power should not be exercised to the injury of the lawful heirs.” The paper will cover the aspects like essential of wills, competency of testator, competency of legatee, limitation on testamentary powers and revocation of wills.
International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1969 - 1977DOI: https://doij.org/10.10000/IJLMH.112137
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