A legal document titled "Wills Under Muslim Law," outlining the rules and limitations of making a will

Sub title : An explanatory text covering competence,limitations, lapse of legacy, and provisions under Sunni and Shia law

Subject: Muslim Law | Shia Law | Sunni Law | Khoja Law | Legal Document

Language: English

Page: 4 p.

Source: National Archives of Pakistan

Serial no: 29462

Keyword: Muslim Law -- Wills -- Bequests | Muslim Law -- Wills -- Heirs | Muslim Law -- Testamentary Power -- Sunni and Shia Law | Muslim Law -- Probate -- Executors | Khojas -- Wills -- Testamentary Power

Abstract: This document provides a detailed explanation of the law regarding wills under Muslim Law. It covers the competence of a Muslim to make a will, noting that any Muslim of sound mind and not a minor may dispose of property verbally or in writing. It explains that a bequest to an heir is not valid unless the other heirs consent after the testator's death, and that a Muslim cannot dispose of more than one-third of the surplus of his estate. The document details the differences between Sunni and Shia law regarding bequests to heirs, the lapse of legacy, bequests in futuro, conditional bequests, and alternative bequests. It also addresses probate, the appointment of a non-Muslim executor, and the testamentary power of Khojas, noting that a Khoja may dispose of his whole property by will under certain conditions.

Description: This document is a typed explanatory text titled "Wills Under Muslim Law," providing a comprehensive overview of the legal principles governing wills. It is divided into numbered sections. Section 1 discusses the competence of a Muslim to make a will. Section 2 details bequests to heirs, noting that such bequests require the consent of other heirs after the testator's death, and explains the differences between Sunni and Shia law, including the one-third rule. Section 3 covers limitations on bequests, explaining that a Muslim cannot dispose of more than one-third of his estate, and how bequests abate under Sunni and Shia law if they exceed this limit. Section 4 addresses the lapse of legacy. Sections 5 through 8 cover bequests in futuro (void), conditional bequests, alternative bequests (valid), and revocation of bequests. Sections 9 and 10 discuss probate and the appointment of a non-Muslim executor. Section 11 explains the testamentary power of Khojas, noting that a Khoja may dispose of the whole of his property by will, but the Shariat Act 1937 allows him to restrict this power under the one-third rule, while the construction of a Khoja will is still governed by Hindu Law. SCANNED BY: NATIONAL ARCHIVES OF PAKISTAN.

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