wasiyat

Arabic/Persian · wa-SEE-yat · Family and succession

Meaning. A will under Muslim law, by which a Muslim disposes of up to one-third of his estate after death.

A Muslim may bequeath by will not more than one-third of the estate left after payment of funeral expenses and debts. A bequest beyond one-third is valid only if the heirs consent, after the testator's death. Under Hanafi law, a bequest to an heir is also invalid unless the other heirs consent after death; under Shia law it is valid within the one-third without consent. No form is required: a wasiyat may be oral or written, and a written will need not be signed or attested, so long as the intention is clear.

The testator must be a Muslim of sound mind who has reached majority; the legatee must be capable of holding property. A wasiyat may be revoked at any time. Wills of Muslims are not governed by the formal rules in s.63 of the Indian Succession Act, 1925. A gift made during marz-ul-maut (death-bed illness) is treated like a bequest.

Example

The father's oral wasiyat leaving half his estate to a friend was valid only to one-third, as his sons did not consent after his death.

In Indian law

Muslim Personal Law (Shariat) Application Act, 1937
Section 58, Indian Succession Act, 1925 (testamentary provisions of Part VI do not apply to Muslims)

wasiyat

Example

In Indian law

See also

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