Definition and Meaning
A Will (Wasiyat) under Muslim law is a legal declaration made by a Muslim regarding the distribution of his property after death. It comes into effect only after the death of the testator (the person making the will). The concept of Will is recognized under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which governs matters relating to succession and inheritance among Muslims. A Will allows a Muslim to bequeath up to one-third of his property to any person who is not an heir, without the consent of other heirs. The remaining two-thirds must pass according to the rules of inheritance. This rule is known as the Bequeathable One-Third Principle.
Essential Conditions and Validity
For a Will to be valid under Muslim law, the testator must be of sound mind and majority age at the time of making it. The legatee (beneficiary) must be a person capable of owning property and must survive the testator. Consent of the heirs is necessary if the bequest exceeds one-third of the estate or is made in favour of an heir. The Will may be made orally or in writing; no specific formalities are required. According to Muslim law, a Will can also be revoked or altered by the testator at any time before his death. This flexible nature ensures that the testator’s wishes remain supreme till the end.
Legal Importance and Effect
The Will (Wasiyat) plays a crucial role in ensuring a just and equitable distribution of wealth while balancing the rights of heirs. It allows the testator to reward a non-heir or charitable cause without violating Islamic inheritance laws. Courts in India, guided by Shariat principles and judicial precedents, uphold the validity of Wills that comply with the one-third rule. The remaining estate, not covered by the Will, devolves according to the Muslim law of inheritance. Thus, the Will operates both as a legal instrument and a moral duty, helping Muslims distribute property in accordance with faith and justice.
Real-Time Example
In Abdul Manan Khan v. Mirtuza Khan (1991) AIR SC 1980, the Supreme Court held that a Muslim testator can validly bequeath only one-third of his property through a Will without the consent of his legal heirs. The Court reaffirmed that exceeding this limit without consent renders the Will partly invalid to the extent of the excess. This case highlights that even though a Will is a personal right, it must comply with Islamic inheritance restrictions under the Shariat, ensuring fairness and family balance.
Mnemonic to Remember
“WILL = Wise Intention Limited by Law”
- W – Written or oral declaration
- I – Inheritance limited to one-third
- L – Legally valid under Shariat Act, 1937
- L – Legatee must survive the testator
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