What are the principles round wills when a Muslim marries a non-Muslim? | Mint

I’m a Sunni Muslim girl married to a non-Muslim man in India. We have each maintained our non secular identities after marriage. We haven’t made a will and want to make one now, however I’ve been knowledgeable that as a Muslim, I can solely make a restricted will. Please information us.

– Name withheld on request

In India, Muslims are ruled by private regulation in issues relating to creating of wills and succession. Under Muslim private regulation, there are restrictions on the share of the property that may be bequeathed underneath the need, and the eligible beneficiaries. Muslims should not permitted to bequeath greater than one-third of their property by the use of a will. The remaining two-thirds of the property is inherited by authorized heirs as per Muslim regulation. 

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Also, the bequest can’t be made to an inheritor underneath the need. However, heirs could consent, after the dying of the testator, to a bequest of greater than one-third of the property. 

These guidelines apply to each women and men. While you’re Sunni, the principles for Shias are broadly related, with some nuances, similar to on timing of consent of heirs.

Individuals of different faiths in India are ruled by the provisions of the Indian Succession Act, 1925 (ISA) in issues regarding the making of wills, and are permitted to bequeath their whole property.

The scenario is totally different for Muslims whose marriage has been solemnised and registered underneath the Special Marriage Act, 1954 (SMA) and never as per Islamic rituals. For such people, ISA and never Muslim regulation applies to wills and different succession-related issues.

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Since you’ve entered into an inter-faith marriage with a non-Muslim, it’s presumed that your marriage was solemnised underneath the SMA. If so, you’re ruled by the ISA Act in the case of making a will. Accordingly, it’s possible you’ll make a will in your whole property as per the ISA, with out the necessity in your heirs to consent. Your non-Muslim partner will even be capable of make a will for his whole property, as his place wouldn’t have change as a consequence of marriage.

Generally, it is strongly recommended that you simply have interaction a certified lawyer to make sure that a complete, legally sound, and bespoke will is ready. Note that sure states similar to Uttarakhand and Goa have particular succession legal guidelines. You ought to search recommendation in case you’re resident or domiciled in such states.

Shaishavi Kadakia is a companion and Naomi Manoj is an affiliate at Cyril Amarchand Mangaldas, Mumbai.