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    Who Can Take Property Under A Will?: Wills Under Muslim Act

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    aryan batra
    A will under Muslim law must have a living legatee at the time of the legator's death. A will can be made orally, in writing, or through gestures and does not require formalities. The intent of the legator is important, and a will takes effect after their death. A legator can revoke a will at any time.

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    Who Can Take Property Under A Will?: Wills Under Muslim Act

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    aryan batra
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    A will under Muslim law must have a living legatee at the time of the legator's death. A will can be made orally, in writing, or through gestures and does not require formalities. The intent of the legator is important, and a will takes effect after their death. A legator can revoke a will at any time.

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    A will under Muslim law must have a living legatee at the time of the legator's death. A will can be made orally, in writing, or through gestures and does not require formalities. The intent of the legator is important, and a will takes effect after their death. A legator can revoke a will at any time.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    4 views2 pages

    Who Can Take Property Under A Will?: Wills Under Muslim Act

    Uploaded by

    aryan batra
    A will under Muslim law must have a living legatee at the time of the legator's death. A will can be made orally, in writing, or through gestures and does not require formalities. The intent of the legator is important, and a will takes effect after their death. A legator can revoke a will at any time.

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    © All Rights Reserved
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    Wills under Muslim act.

    1. Who can take property under a Will?

     He must a person in existence: A legatee can only take a Will if he is alive at the time of the
    legator's death. This is because a legator's Will only takes effect after his or her death, not when
    the legator makes it.
     Child in mother’s womb: Under Islamic law, a child in a mother's womb is recognised as a live
    person and hence is a competent legatee if two conditions are met. To begin with, he must be
    alive in the mother's womb at the time of the Will's pronouncement. Second, under Sunni law,
    the kid must be born alive within six months after the Will's execution, and under Shia law,
    within ten months.
     Murderer of Legator: A Will comes into effect only after the death of legator. A legatee who kills
    or causes the death of the legator, whether purposefully or unintentionally, is not permitted to
    take the Will or the property. However, in Shia law, if a legatee unintentionally, recklessly, or
    accidentally kills the legator, he is competent to inherit the property and the Will is considered
    valid.
     Consent of Legatee: Before transferring legal ownership to the legatee under a Will, it is
    necessary to obtain the legatee's consent to determine whether or not he wishes to accept the
    Will. Acceptance might be explicitly stated or assumed. A legatee has the absolute right to reject
    the Will. As a result, if a legatee refuses to own any of the property left to him, the Will is
    regarded incomplete and invalid.
     Joint Legatee: Legator difficulties can arise from time to time. Will be made jointly in the
    interests of many legatees. In this case, the legatees are referred to as joint legatees. There are
    two ways to make a will that benefits joint legatees.

    2. Formalities of a will.

    No particular formalities for the execution of the Will are stipulated in Muslim law. When it comes
    to certifying a Will, the legator's intent is vital. In order to be effective, the aim must be plain,
    unambiguous, and unmistakable.

    A Will can be made either orally or in writing or even by gestures.

     Oral Will: A legal Will can also be made through an oral statement. It is not necessary to
    follow any certain procedure or formality in order to create a Will. It is sufficient to make an
    oral declaration. However, the burden of proof for such a Will is heavy. An oral Will must
    eventually be established with high fidelity in terms of date, time, and location.
     Written Will: There is no formal form for declaring a Will in writing. Even if the legator does
    not sign or the witnesses do not attest to the Will, it is valid. It makes no difference what the
    document's name is. It will be recognised as a legitimate Will if it possesses the fundamental
    qualities of a Will.
     Will made by Gestures: A Will can be made with gestures under Islamic law. For instance, if
    a sick person makes an endowment but is unable to speak owing to weakness, provides a
    broad nod with his head and it is understood what he is attempting to transmit, and then
    dies without regaining his ability to speak, the bequest is legal and lawful.

    3. Construction of a will

    In general, a Will must be interpreted according to Islamic law's standards, while also evaluating the
    legator's language and meaning. A Will is a legal document that is created during a person's lifetime
    and takes effect after his death.

    A Will must be interpreted to accomplish the intentions of the legator after his death. At certain
    times, the language may not be clear and the intention of the legator is ambiguous. In such
    circumstances, it is left to the discretion of the heirs to elucidate such Will in whatever way they
    want.

    4. Revocation of a Will

    Muslim law grants an emancipated right to legator exercising which he can revoke the Will or any
    part of the Will executed by him anytime. Similarly, he can add something reasonable to the Will as
    well.

    A legator may revoke the Will either expressly or impliedly.

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