In some cases, each testator`s share may not be explicitly described. In such cases, according to the general rule, the property must be divided equally among the legatees. When a will is made in favour of a class of persons, that class is treated only as a universal legatee and each person receives the same property. 4. Consent of the legatee – Before bequeathing legal title to the legatee under a will, it is necessary to obtain the consent of the legatee as to whether or not to accept a will. This consent may be express or implied. Reduction of legacies Tax deduction If a legacy of more than one third of the property is made to two or more persons and the heirs do not give their consent, the shares are reduced proportionately to one third, i.e.: The inheritance is less reduced. The above rule applies only to Sunni law. Chronological priority According to Shia law, when several bequests are made by will, priority is determined by the order in which they are mentioned or by the time they are mentioned. Bequests therefore take effect in the order of their preference. The legatee first mentioned in the will receives his share as mentioned in the will. After giving his share, the rest goes to the second legatee. If there is something left, it goes to the third and once the third property is exhausted, the distribution is stopped and the next legatee receives nothing.
So here, a legatee gets his share or gets a share or nothing at all. Notes *The book referred to here is Family Law II by A.K. Express revocation of Jain – An explicit revocation can be made orally or in writing, e.g. “A” makes a testamentary disposition of ownership in favor of “B”. At any other time after passing the ordinance, he says, “The property I gave away `B` is for `Y.` These words amount to an express revocation of the will. In the interpretation of such wills, the testator`s will is of paramount importance. Thus, if the testator bequeaths the same property to two or more persons in his will, he divides the property equally. If the will is made, the testator must be in good mental health. According to Muslim law, it has been cited that a probate must possess a perfect “spirit of disposition” at the time of execution of the will.
In other words, a testator must be competent to understand his actions and the legal consequences of what he does, not only for the precise period during which the will is made, but also until his death. According to Muslim law, any will drawn up by the testator must meet the following conditions, which are specified as follows: In certain matters, the assets established by will may or may not exist at the time of execution of the will, but it is imperative that such a donation be in the possession of the testator at the time of death. According to Islamic law, a will can be made by gestures. For example, if a sick person makes an endowment and cannot speak because of a weakness, nods holistically, and one understands what he is trying to convey, and subsequently dies without regaining his ability to speak, the inheritance is valid and legitimate. The testator must be of legal age at the time of execution of the will. In general, under Muslim law, the age of majority is regulated by the Indian Majority Act of 1875, with the exception of marriage, dowry and divorce. Therefore, writing Islamic wills in an Islamic context is extremely important. A will is a legal document that grants a legatee a free right of ownership, which is deferred until the death of the legatee. It gives the testator the opportunity to correct inheritance law to a certain extent.
This is because it allows certain parents, who are technically prohibited by Islamic law, to acquire property. The Islamic law of will allows a person to distribute his property to someone of his choice. At the same time, it maintains a reasonable balance between inheritance law and the transfer of property under a will. In general, a will must be interpreted in accordance with the rules of Islamic law and examine the language and intent of the testator. A will is a document written by a person during their lifetime and effective after their death. Therefore, a will must be interpreted in order to carry out the testator`s intentions after his death. At times, the language may not be clear and the testator`s intention is ambiguous. In such circumstances, it is at the discretion of the heirs to explain such a will in any way.
Under the Indian Majority Act, the age of majority is normally 18, and 21 if the person is under the supervision of the guardianship courts. Any will drawn up by a minor is considered null and void. The validity of such a will is suspended until the testator reaches the age of majority. To draw up a valid will, a testator must therefore be 18 or 21 years old. As soon as the testator reaches the age of majority and ratifies the will, the will becomes valid. Before transferring legal title to the legatee under a will, it is important to obtain the legatee`s consent to whether or not to accept the will. Acceptance may be express or implied. A legatee has the absolute right to reject the will. Thus, if a legatee refuses to possess the property bequeathed to him, the will is considered incomplete and invalid. A will, also called a will, is a legal act that authorizes a person to hand over their property to a person of their choice at the end of their life.
A will is only enforceable after the person who drew it up. A will is a legitimate representation of ownership of property by a person after death. In Islamic law, a will executed by a Muslim is known as a “wasiyat”. The person who executes the will is called a “testator” or “deceased benefactor” and the person for whom the will is made is called a “legatee” or “testator”.