Is a written Islamic WILL as per Indian law is valid?

Published as 1. Can I make WILL in favor of my nephew, when my full brother is one of my heirs...2. Is a written Islamic WILL as per Indian law is valid?

· 2 Dhuʻl-Qiʻdah 1430 AH1 min readFatwa 18337English

Question

1. Can I make WILL in favor of my nephew, when my full brother is one of my heirs

2. Is a written Islamic WILL as per Indian law is valid?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Assalaamu Alaykum Brother/Sister,

1.) It is permissible for one to bequeath from within one third of his wealth for his nephew who is not an inheritor. However, it is not permissible for one to exceed one-third of his wealth unless all the inheritors allow him to do so. The inheritors all must be mature and sane in order for them to be able to give permission.

2.) We are unaware of how the Islamic Will is per Indian Law.

(Fatawa Rahimiyah, 10/ 244, Isha’at)

And Allah knows best

Wassalaamu `alaykum

Ml. Sajid bin Shabbir,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

References (Arabic / Urdu sources)

ولا تجوز بما زاد على الثلث إلا أن يجيزه الورثة بعد موته وهم كبار ولا معتبر بإجازتهم في حال حياته
(الفتاوى الهندية، 6/ 109، العلمية)

Answered by
Ml. Sajid bin Shabbir
Checked & approved by
Mufti Ebrahim Desai
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