Comedy Of Humours

DIFFERENCES AMONG SHIAS AND SUNNI IN THE LAW OF WILLS

Rough Draft of Family Law - IIOnDifferences among Shias and Sunni in the law of Wills

Submitted To:-Mr. Ravi Ranjan KumarFaculty of Family Law - II Submitted By: - Kumar Vikram AdityaRoll No. 1023 2nd Year B.B.A. LL.B. (Hons)

INTRODUCTIONWill is the Anglo-Mohammedan term for its Arabic equivalent Wasiyat, Generally Wasiyat means will but it has also other meanings. Tyabji defines will as "Conferment of right of property in a specific thing or in a profit or advantage or in a gratuity to take effect on the death of the Testator". According to M. Sautayra, A will from the Mussulman's point of view is a divine institution since its exercise is regulated by Quran. It offers to the testator the means of correcting to a certain extent the law of succession, and of enabling some of those relatives who are excluded from inheritance to obtain a share in his goods, and of recognizing the services rendered to him by a stranger, or the devotion to him in his last moments. At the same time, the Prophet has declared that the power should not be exercised to the injury of the lawful heirs. No writing is required and no particular form even of verbal declaration is necessary as long as the intention of the testator is sufficiently ascertained. Generally, the terms wassaya or wassiyat or bequest or legacy or testamentary disposition or bequeath are used synonymously with a will. According to Section 1(h) of Indian Succession Act, 1925: Will means a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. Under Section 31 of the Indian Penal Code, 1860, Will denotes any testamentary document. Similarly under Section 3(64) of General Clauses Act, Will shall include codicil and every writing making a voluntary posthumous disposition of property. Requisites of a valid will.The essential requisites of a valid will, under Mohammedan Law are as follows: The testator must be competent to make the will. The legatee must be competent to take the legacy or bequest. The subject of bequest must be a valid one. The bequest must be within the limits imposed on the testamentary power of a Muslim i.e. only 1/3rd should be bequested. Under Mohammedan Law, no writing is required to make a Will valid and no particular form of verbal declaration is necessary as long as the intention of the testator is sufficiently ascertained. In this project work we shall discuss about the meaning of the will and its various concept like who can be testator and who can be legacy and further the major differences between Shia and Sunni law of will.

AIMS AND OBJECTIVESThe prime objective of the researcher is to: To acquaint him with the meaning of will. To know various aspects related to will. To know differences between Shia and Sunni law of will. To know various case laws.

HYPOTHESISThe hypothesis taken by the researcher is that the general rule is that a Mohammedan cant bequest more than 1/3rd of his property through will but can he bequest in any circumstances or not.

RESEARCH METHODLOGYThe various books, various articles, websites, Law journals, Acts, Treatises, are referred for this topic. The sources from which the material for this research collected are secondary. The methodology used in the research has been Doctrinal. No non-doctrinal method has been used by the researcher in this project work.

SOURCES OF DATA

Secondary Sources: - Books on Mohammedan Law, Websites, and Journals etc.

TENTATIVE CHAPTERISATION1. Will Definition under Mohamadden Law2. Various Concept related to Will under Mohamadden Law3. Differences between Shia and Sunni Law of Will4. Conclusion

BIBLIOGRAPHYBOOKS:- Dr. Paras Diwan, Muslim Law in Mordern India, 9th Edition, 2006, Allahabad Law Agency. Ameer Ali, Commentaries on Mahommedan Law, 5th Edition, 2007, Hind Publishing House. I. Mulla, Commentary on Mohammedan Law, 1st Edition, 2007, Dwivedi Law Agency. Dr. Mohammad Nazmi, Mahommedan Law, 3rd Edition, 2012, Central Law Publications. Aqil Ahmad, Mahommedan Law, 25th Edition, 2014, Central Law Agency.CHANAKYA NATIONAL LAW UNIVERSITYPage 4