Fatwa: # 18337
Category: Inheritance
Country: Saudi Arabia
Date: 21st October 2009

Title

1. Can I make WILL in favor of my nephew, when my full brother is one of my heirs...2. Is a written Islamic WILL as per Indian law is valid?

Question

1. Can I make WILL in favor of my nephew, when my full brother is one of my heirs

2. Is a written Islamic WILL as per Indian law is valid?

 

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Assalaamu Alaykum Brother/Sister,

1.)    It is permissible for one to bequeath from within one third of his wealth for his nephew who is not an inheritor. However, it is not permissible for one to exceed one-third of his wealth unless all the inheritors allow him to do so. The inheritors all must be mature and sane in order for them to be able to give permission.    

2.)    We are unaware of how the Islamic Will is per Indian Law. 

 

(Fatawa Rahimiyah, 10/ 244, Isha’at)

 

ولا تجوز بما زاد على الثلث إلا أن يجيزه الورثة بعد موته وهم كبار ولا معتبر بإجازتهم في حال حياته
(الفتاوى الهندية، 6/ 109، العلمية)

And Allah knows best

Wassalaamu `alaykum

Ml. Sajid bin Shabbir,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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