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vustudents
09-04-2012, 04:19 AM
Q. Define who can make a will? what is the limit placed on the testamentary powers of a person under the Islamic law. (2003)
Q. Define will. what are the qualification of testator. (2002)
Q. Define will, what are the limitations imposed on the right of will by Islamic law. (2001)(2006/S)
Q. Define will. who can make will? what is the limits place on the testamentary powers of a Muslim under the Islamic law. (2000)
Q. Define and discuss will. what are its essential ingredient? can will be revoked. (1998)
Q. Define will. are there any restrictions on powers of testator? can a will be revoked. (2005/S)
1. Introduction:
Will is a conferment of right which is to effect after the death of the testator. a Muslim may make his will either orally or in writing and no formalities are required. a Muslim cannot by will dispose off more than one third of the surplus of his estate after payment of his funeral expenses and debts. a bequest in future as well as contingent bequest is void under Islamic law.
2. Meaning:
The term will is form the Arabic word wasiyyat which means endowment with property of any thing after death.
Baillie:
A will a conferment of rights property in a specific thing or a profit or an advantage or in gravity to take effect on the death of the testator.
3. Definition of will:
Fatawa alamgiri:
Will is a legal declaration of the intention of a testator with respect to his property which desires to be carried into effect his death.
4. Who can make will:
Every Muslim of sound mind may dispose of property by will.
5. Qualification of testator:
Testator must be
(a) Major
(b) Sound mind
(c) Possessed with the ownership of property.
6. Persons who cannot make will:
Following persons can not make will.
(a) Minor
(b) Lunatic
(c) Unsound mind
7. Persons in whose favour will can be made:
A will can be lawfully made in favour of the following:
(a) An individual.
(b) An institution.
(a) A non- Muslim.
(d) A minor
(e) An insane.
8. Conditions of a valid will:
Following are the conditions of a valid will:
(a) Intention to give.
(b) Disposition to take affect after the death of the testator.
(c) Should not effect the legal shares of heirs.
(d) Should not be move than 1/3 of the property.
(f) Strange.
9. Form of will:
A will may be in express words or shows by the conduct of the co-heris. so it may be:
(i) Written
(ii) Oral/ verbal
10. Attestation:
Will should be attested by two or more witnesses.
11. Cases where will is not valid:
In following cases will is not valid
(i) A will in favoyr of legal heir.
(ii) Contingent will
(iii) Will to unborn person.
Exception:
A will may be made to a child womb, provided it is born with in six months form the date of the will.
(iv) A will in future.
(v) A will to a person who causes the death of testator.
12. Essential conditions for execution of will:
For execution of valid will following are two conditions.
(i) Payment of the funeral expenses out of the property of deceased.
(ii) Payment of any debt out of the property of deceased.
13. Nature of appointment of testator:
Appointment f testator may be for.
(i) General purpose. Or
(ii) Special purpose.
14. Parties to a will:
Following are parties to a will:
Legacy:
The property be quested.
Testator:
The person who makes will.
Legatee:
In whose favour the will is made.
15. Essentials:
Following are the essentials to a valid under Islamic law:
(i) Declaration by the testator.
(ii) Testator must be competent to declare.
(iii) The subject of will must be valid.
(iv) It must be within the limit imposed on the testator.
(v) The legatee must be competent to take the property.
(vi) Offer by testator.
(vii) Acceptance by legatee.
16. Subject of will.
The subjects of a will are as under:
(a) Property being transferred.
(b) Property must be in existence.
17. Limitations:
I. As to persons:
A bequest to an heir is not valid unless the other heir consents to the bequest after the death of the testator.
II. As to property:
A Muslim can not be will dispose of more than one third of his estate which is left after payment of his funeral expenses and debts.
Exceptions:
Following are exceptions to the limitation.
(i) A bequest of more than one third to a non heirs or upto one third to an heir is valid if consented by heirs of the deceased.
(ii) If the testator leaves no heir.
18. Revocation of will:
A will is revocable. it can be revoked by the testator at any time before his death.
(i) Mode of revocation:
Following are the modes of revocation of a will.
(a) Express:
Testator may revoke the will in express terms either orally or in writing.
(b) Implied:
Implied is that revocations where the testator does an acts from which revocation may be inferred.
19. Conclusion:
To conclude I can say that a will is the disposition of property which is to take effect at the time of the person making it. it operates from the time before his death. the subject of will may be any property capable of being transferred. a will is revocable in its nature.