A short presentation on the topic

1. DIFFERENCE OF WILLUNDER
HINDUAND MUSLIMS LAWS
By
Subham Saurabh BBA, LL.B (Hons.)
1120171822

2. Introduction
 Type of Succession: Intestate and Testamentary (Will).
 Sec 2(h) of Indian Succession Act,1925 (ISA) defines Will as ‘legal declaration of
the intention of testator with respect to property which he desires to be carried into
effect after his death’.
 Hindu law doesn’t have a very substantive history about making wills and is
governed by statutory law.
 Whereas Muslim laws are entirely based upon personal laws which in turn are
based upon the religious sayings.

3. HINDU LAW OF WILLS - AN OVERVIEW
 S.59 of ISA provides that every person who is of sound mind and is not a minor can make
a Will.
 The testator must understand that he is giving away his property to one or more objects
 He must understand and recollect the extent of his property
 He must also understand the persons and the extent of claims included as well as those
who are excluded from the Will.
 Transfer of property to an unborn person is Invalid. S.113 of ISA provides that for a
transfer to an unborn person, a prior interest for life has to be created in another person
and the bequest must comprise of whole of the remaining interest of the testator.

4. MUSLIM LAW OF WILLS: AN OVERVIEW
 Wills or Bequests or Wasiyat derive their authority and sanctity from the sacred texts of
the Quran.
 The essentials of the Wasiyat are:
1. The testator must be competent;
2. The bona fide conditions should be clearly expressed;
3. It must be intended to operate after his/her death;
4. The quantitative limits must be observed (1/3rd of the property);
5. The qualitative requisites of the subject-matter of the will- the property- are satisfied; and
6. The legatee must be competent to take the benefit.

5. DIFFERENCE BETWEEN WILLS – HINDU LAW AND MUSLIM LAW
Hindu law Muslim Law
Governing Law Hindu Succession Act,
1956 and the Indian
Succession Act, 1925
Personal and traditional in
nature. Holy Quran and
mandates of the Sharriat
Restriction On
Devolution Of Property
Under Mitakshara Law
there should be absolute
ownership of the testator in
the property to be divested
and Dayabhaga school of
Hindu law, the absolute
owner of the property can
divest it through Will even
for the ancestral property.
The One third rule, and
The consent of the heirs to
confer in excess of one-
third through will is also
necessary.

6. DEATH BED GIFT “MarzUlMaut” does not exist
in Hindu law.
A similar concept of death bed
gifts happens to be in existence
known as “Donation Mortis
Causa”
The concept of “MarzUlMaut”
exists.
It is form of death bed gift
Revocation • S.62 of the Indian
Succession Act deals with
the characteristic of a Will
being revocable or altered
anytime during the lifetime
of the testator.
• S. 70 of the Act provides the
manner in which it can be
revoked.
• A Muslim Will can be
revoked expressly or
impliedly by the testator.
The revocation can be oral
or in writing.
• Will can also be inferred
from the conduct of the
testator.