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MAKING WILL IN THE NAME OF SON
29-Aug-2023 (In Muslim Law Law)
I AM SUNNI MUSLIM AND HAVE FOUR CHILDREN , TWO SONS AND TWO DAUGHTERS. FROM MY FIRST WIFE TO WHOM I HAVE DIVORCED EARLIER HAVE TWO SONS AND ONE DAUGHTER AND FROM MY PRESENT WIFE, ONLY ONE DAUGHTER. I HAVE MY OWN TWO ROOMS FLAT AND WANT TO MAKE A WILL IN THE NAME OF MY SONS ONLY . WHAT IS THE LEGAL PROCEDURE SO THAT IN FUTURE NOBODY CLAIM HER RIGHT IN THIS FLAT.
In Sunni Muslims u can’t make a WILL of more then 1/3rd of your property. In case if you make a will of more than 1/3rd then only upto 1/3rd it will be valid and rest will become invalid. If you want to make will of more than 1/3rd or entire property then you need to take written consent from all the legal heirs I.e sharers and residuaries!
In case you trust your sons then you can do Hiba in their favour ! You need to hire expert advocate in this case ! Plz b in touch !
In case you trust your sons then you can do Hiba in their favour ! You need to hire expert advocate in this case ! Plz b in touch !
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Adv. D. Khan
Delhi | 500+ Answers
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In Islam making will among children has no validity.
In order to oust your daughters from your inheritance, you may gift the said flats to your sons in your lifetime but once gift is executed and your sons become the owner, the said flats will no longer be yours.
My suggestion would be to let the inheritance go to all your children in accordance with Sharia but you know what’s best for you family.
Regards.
Adv Khalid Akhtar
In order to oust your daughters from your inheritance, you may gift the said flats to your sons in your lifetime but once gift is executed and your sons become the owner, the said flats will no longer be yours.
My suggestion would be to let the inheritance go to all your children in accordance with Sharia but you know what’s best for you family.
Regards.
Adv Khalid Akhtar
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Adv. Khalid Akhtar
Delhi | 100+ Answers
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In muslim law no will sustains for the co-sharers. Meaning all those who have a share in inheritance under the Muslim Law, cannot be altered by will. If you execute a will, that will be read only for a portion of your property and courts will not apply the will on the whole of the property. You can also gift the property, but after the death, such a gift deed becomes a subject of question by other co-sharers as to why this property was gifted to particular child and depriving others. Suspicion arises as to the possibilities of fraud or the owner of the property being of unsound mind and obtained the gift deed. The way out is not to execute a will or gift rather to sell (registered) in desired ratio at 1 or 2 rupees or nomination rate to the children so that there are no legal problems ahead.
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Adv. Maaz Akhtar
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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