Wills(under Muslim Law)
Will is also referred to as Wasiyat.
ELEMENTS OF A WILL
Will is a conferment of right to ones property on another
This conferment of right is to take effect after the death of the testator.
As a general rule no formality is required for making a will. It may be made either orally or in writing and it does not need to be signed or attested. Any expression of unequivocal expression will suffice. Though oral will is possible it is difficult to prove.
Requisites of A Valid Will
The testator must be competent to make the will
The legatee must be competent to take legacy or bequest
The subject of bequest must be a valid one.
The bequest must be within the limits imposed on the testamentary power of a Muslim.
APPLICABILITY OF THE INDIAN SUCCESSION ACT, 1925.
The provisions of Indian Succession act, 1925 are not applicable to Muslims. However, a Muslim cannot claim immunity if his marriage was held under the Special Marriage Act, 1954. In such cases the provisions of the Indian Succession Act 1925, shall be applicable even though the will was made before or after the marriage. Where a will is governed by the Muslim Law it will be subject to the provisions of the Shariat Act 1937.
Essentials of a will
The property must be capable of being transferred
The property must be inexistence at the time of testator's death. It is not necessary that it should be in existence at the time of making the will.
The testator must be the owner of the property to be disposed by will.
The Mohammedan Law confers on a testator unfettered right to revoke his will. He may revoke it at any time. The revocation may be: