How to baydhakal in Muslim please explain

575 votes

Sir, please note and appreciate that there is no provision in Indian Law that allows a muslim to disown his or her relative. You must take other steps available within the confines of the Law. There are other options available to your uncle, but not the one you are looking for.

Advocate Puneet Srivastava LawRato

911 votes

In Islamic law, a person is entitled to dispose of their property as they wish, but only up to one-third of their estate can be given away through a will (Wasiyat) if there are legal heirs. If your uncle is unmarried and has made a registered will favoring his nephew and adopted daughter, this will can be executed to the extent permissible under Muslim personal law. However, any such disposition beyond one-third requires the consent of the legal heirs. Publishing a newspaper advertisement to exclude family members (baydhakhal) is not a legally binding method to disinherit someone under Muslim law. Instead, a registered will, as your uncle has already prepared, holds legal weight and ensures clarity in property distribution. It is advisable to seek legal guidance to ensure compliance with inheritance laws and to confirm the will's enforceability in court.

Advocate Vishesh K Sapra LawRato