WILL UNDER MUSLIM LAW: SAFEGUARDING THE RIGHT OF LEGAL HEIR

By: MANSI BAJAJ

Abstract

Will is a testamentary document referred to as the ‘Wasiyat’, under the Muslim Law. A Will or a Wasiyat is a document that facilitates the transfer of property to the legal heirs after the death of an individual. It also gives the satisfaction to each person preparing a will, that their existing property would be transferred to right hands in the future, executed as per their choice. Will or Wasiyat is executed by the legator in the favor of a legatee, which comes into effect after the legato has passed away. However, Muslim Law lays down restrictions upon individuals wherein no person is allowed to create a will transferring the whole of his property. The reason behind this is to ensure that the law works in line with the words of Prophet, as well as ensures the share of all legal heirs. The present research paper at hand, lays emphasis on the topic discussing Will under the Muslim Law. The researcher has attempted to discuss and understand this vast topic in a more systematic manner in order to interpret the laws that are being followed in accordance with the words of Prophet Mohammed. The research paper focuses on the meaning and aspects of the testamentary document, the working, the rules and regulations imposed upon the testator while the transfer of will takes places. The paper is an attempt to clear ambiguities which might be there in the readers’ mind as well as clarify the rules laid down under Muslim Law, with respect to the present topic at hand.

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