Before transferring legal title to the legatee as part of a will, it is important to obtain the legatee`s consent to know whether or not they want to accept the will. Acceptance may be express or implied. A legatee has the full right to refuse the will. Thus, if a legatee refuses to own property inherited from him, the will is considered incomplete and invalid. The concept of will under Islamic law is a kind of agreement between two different inclinations. First, the Prophet`s view is clear that after a person`s death, his property must be distributed to his heirs, and this rule is considered a divine law and any interference in it is unacceptable. On the other hand, it is a moral duty of every Muslim to make reasonable arrangements for his property after his death. Property inherited under a will may or may not exist at the time of execution of the will, but it is imperative that the inherited property be in the possession of the legislature at the time of death. The logic behind this rule is very simple. A will comes into force after the death of the offender and the transfer of ownership to the legatee takes place from the date of the offender`s death and not from the date of execution. A will made only by a Muslim is considered an authentic will under Islamic law.
If a legislator is a Muslim at the time of the execution of the will, then only the will is subject to Muslim personal law. A will is an instrument that gives the legatee a free right of ownership, which is postponed until the death of the legislator. It offers a law clerk the opportunity to correct the inheritance law to a certain extent. This is because it allows some of the parents to receive a share of the property that are legally excluded from inheritance under Islamic law. The Islamic law of will allows a person to transfer his property to a person of his choice. At the same time, however, a rational balance is maintained between inheritance law and the transfer of ownership in the context of a will. A child in the womb is treated as a living person and is therefore a competent legatee under Islamic law under two conditions. First, it must exist in the womb at the time of the declaration of intent. Second, the child must be born alive within six months of the date of execution of the will under Sunni law and within 10 months under Shia law. Reduction of legacies Taxable reduction If a bequest of more than one third of the estate is given to two or more persons and the heirs do not give their consent, the shares are reduced proportionately to reduce them to one third, or in other words, the inheritance is reduced at a certain price.
The above rule applies only in Sunni law. Chronological priority Under Shia law, if several inheritances are made by will, priority would be determined by the order in which they are mentioned or by the moment. Thus, inheritances take effect in order of preference. The legatee who is mentioned for the first time in the will receives his share as mentioned in the will. After giving his share, the rest goes to the second legatee. If there is still something left, it goes to the third and as soon as the third property is exhausted, the distribution is stopped and the next legatee gets nothing. So here a legatee gets his share or gets a certain share or gets nothing at all. Endnote * The book referred to here is Family Law II by A.K. Jain A will can be declared in favor of a non-Muslim, minor or mentally ill person. It is important to note that a legatee must be present and competent to own the property. Age, gender, caste, religion, gender and state of mind are insignificant to become a legitimate legatee.
A charitable or religious institution is also a competent legatee, and any will that advocates it is legal. A legatee who kills or causes the death of the offender intentionally or unintentionally may not receive the will and generally does not have the right to take possession of it. However, under Shia law, if a legatee causes the death of the legislature involuntarily, negligently or accidentally, he has the right to take possession of it and the will is treated as a valid will. For example, “A” executes a will that hands over all of its property to “B.” Suppose `A` owns a house at the time of Will`s execution, but at the time of his death, he also owns a car. Thus, “B” has the right to have both the house and the car under the will. In the case where a Muslim has married under the Special Marriage Act of 1954, the will made by such a Muslim is governed by the provisions of the Indian Succession Act 1925 and not by Muslim personal law. The testator must be of legal age at the time of execution of the will. In general, the age of majority in Muslim law is governed by the Indian Majority Act of 1875, with the exception of cases related to marriage, dowry and divorce. Any type of property, physical or intangible, movable or immovable, can be the subject of the will. .