1. Facts of the Case
‘A’, a Muslim male, desires to make a Will (Wasiyat) disposing of 50% of his total property in favour of his near relatives. He intends to execute this will in writing and wants it to take effect after his death.
The question arises whether, under Muslim Personal Law, a Muslim can legally bequeath half of his property by will, especially when he has legal heirs who are entitled to inherit upon his death.
2. Issues in the Case
- What is the maximum extent of property that a Muslim can dispose of by Will under Muslim Law?
- Can a Muslim bequeath property exceeding one-third of his estate without the consent of his legal heirs?
- What is the legal position of such a will if it exceeds the prescribed limit?
- Does it make any difference that the beneficiaries are his near relatives (who may or may not be his heirs)?
3. Legal Principles Covered
A. Relevant Law and Sources
- The Muslim Personal Law (Shariat) Application Act, 1937
- Principles of Testamentary Succession (Wasiyat) under Sunni and Shia Law
- Quranic Sources: Surah Al-Baqarah (2:180–182) — prescribing moderation in making wills.
- Judicial Precedents:
- Abdul Manan Khan v. Mirtuza Khan (1991) 1 SCC 275
- Mst. Meharunnisa v. State of U.P. AIR 1959 All 452
- Mohammad Ismail v. Sabir Ali (AIR 1963 Pat 375)
B. Rules Regarding Bequest (Wasiyat) under Sunni Law
- Extent of Bequest:
- A Muslim can bequeath up to one-third (1/3) of his net estate (after payment of debts and funeral expenses).
- This one-third limit is without the consent of heirs.
- If the bequest exceeds one-third, it will be valid only to the extent of one-third, unless the legal heirs consent to the excess after the death of the testator.
- Bequest to Heirs:
- A Muslim cannot make a will in favour of an heir unless the other heirs consent after his death.
- Authority: Abdul Manan Khan v. Mirtuza Khan and Fyzee’s Outlines of Mohammedan Law, 5th Ed., p. 469.
- Consent of Heirs:
- Consent must be given after the testator’s death, as prior consent is considered invalid.
- If heirs consent after death, the bequest beyond one-third or to an heir becomes valid.
- Bequest to Non-Heirs or Near Relatives:
- If the relatives are not heirs, they can receive up to one-third without consent.
- Any bequest beyond one-third to them is invalid unless all heirs consent.
- Legal Effect of Excessive Bequest:
- If a Muslim bequeaths 50% (half) of his property by will without the heirs’ consent, the will is valid only up to one-third, and the remaining one-sixth (making up the excess) will be void unless consented to by the heirs.
C. Supporting Judicial Interpretations
- In Abdul Manan Khan v. Mirtuza Khan (1991) 1 SCC 275, the Supreme Court held that: “Under Sunni Law, a Muslim cannot make a bequest exceeding one-third of his estate, nor can he make a bequest in favour of an heir without the consent of the other heirs.”
- In Mohammad Ismail v. Sabir Ali (AIR 1963 Pat 375), it was held that: “If a Muslim makes a will exceeding one-third of his property, the will shall operate only to the extent of one-third unless the heirs consent after his death.”
- Fyzee’s Outlines of Mohammedan Law explains that the one-third rule safeguards the Quranic heirs and ensures equitable distribution.
4. Possible Judgement
Findings:
- The Muslim male (‘A’) can make a will (Wasiyat) of his property.
- However, under Sunni Muslim Law, such a will cannot exceed one-third of the estate without the consent of the legal heirs.
- Therefore, A’s attempt to bequeath 50% of his property by will is not fully valid — it will only be valid to the extent of one-third, unless his heirs consent to the excess after his death.
- The fact that the beneficiaries are his near relatives does not change the rule, unless they are not legal heirs and the heirs consent to the bequest.
Judgement:
| Aspect | Legal Position under Sunni Law |
|---|---|
| Maximum limit of bequest | 1/3 of total property |
| Bequest exceeding 1/3 | Valid only with heirs’ consent after testator’s death |
| Bequest to heirs | Invalid unless consented by other heirs |
| Bequest to non-heirs | Valid up to 1/3; excess void without consent |
| Bequest of 50% (in this case) | Valid up to 1/3; remaining 1/6 invalid unless heirs consent |
Final Decision:
Under Sunni Muslim Law, the will made by ‘A’ bequeathing 50% of his property is valid only up to one-third.
The remaining one-sixth (to make up the 50%) can become valid only if all legal heirs give their consent after his death.
Thus, A cannot legally bequeath 50% of his property by will without such consent.
About lawgnan:
Under Sunni Muslim Law, a Muslim may make a valid will (Wasiyat) for up to one-third of his property without the consent of heirs. Any bequest exceeding this limit becomes effective only with the heirs’ approval after the testator’s death. This rule ensures fairness and protection of the rightful heirs. If you wish to draft a will, understand your legal limits, or validate an existing Wasiyat under Muslim Law, expert assistance can help prevent future disputes. Visit lawgnan.in today for professional guidance on estate planning and Islamic testamentary laws in India.
