The Muslim will is not governed by the Indian Succession Act, 1925. The Muslim
personal laws in India, or the Shariat law, decrees certain rules and regulations and ways in
which an individual can dispose off his/her property. To explain this further, let us
understand some of the essential points of Muslim Law and how a Muslim will can be
made in adherence to the rules set by the law.
For example, if an individual has Rs. 3.3 lakh (or an asset worth the amount), and he owes
someone Rs. 10,000/. With the funeral expenses added to it, say, Rs. 20,000, he can only
leave the one third of 3 lakh (Rs. 1 lakh) in his will to someone other than his heir. The
remaining Rs. 2 lakh must go to his heirs.
However, one can always leave the one-third of their asset to anyone (and even heir 1),
since it is acceptable, and does not require anybody’s consent.
Bequeathing conditions
Other considerations that are induced by the Muslim Law include:
a.A person can bequeath a property, even if he does not possess it at the time of writing the
will, but has it in his possession at the time of death. (If not, of course, the will becomes
null and void).
b.An individual cannot lay any conditions or requests on the bequeaths. The bequests have
to be unconditional.
c.However, one can make an alternative bequest, stating that in case a person (the heir) is
not alive, another heir (heir-2) will get his assets.