Transcript
Submitted by – Mohd Abid Hussain Ansari Concept of Wills Under Muslim Law
Concept of Assignment Wills Under on Family Muslim Law Law Muslim GUIDED BY –PR!" Law DR #$%#$&%$' Y"" D$'Y$L Y D$'Y$L
Concept of Wills Under Muslim Law
Acknowledgement Writing the Ac!nowledgement for the pro"ect in the sub"ect of Family Law is a fairly simple underta!ing for anyone who has attended e#en a single class of $rof% &%' Mam% (he clarity) the command and the humour she brings into e#ery class is infectious) ma!ing any student belie#e that there can can be no easi easier er sub"e ub"ect ct that that the Family mily Law Law and that that anyone can master it) pro#ided she gi#es the sub"ect the respect and recognition recognition that Mam herself gi#es the sub"ect% Furthermore * would li!e to than! all those people who ga#e the sub"ect their time and wrote boo!s which * e#entually referred% *n this matter) * would particularly li!e to than! • • •
&halid +ashid Muslim ,urisprudence 'r%Mohammad -a.mi Mohammadan Law Fy.ee/ 0utlines of Mohammadan Law 1th edn) 234 etc%) whose boo! was precise and the largest reference in this wor!%
Without the contribution of the abo#e said people * could ha#e ne#er completed this pro"ect% Mohd% Abid Hussain Ansari 5%A%LL%5 6Hons7 1th Semester 89$age
Concept of Wills Under Muslim Law :nd ;ear
(a)le of Content C ontents s 8% *ntroduction<<< *ntroduction<<<<<<<<<< <<<<<<<<<<<<<< <<<<<<<<<<<<<< <<<<<<<<<< <<< <<<<<<<%<<<<<<%2 :% *ntroduction *ntroduction to Family Family Law Law – Muslim Law<<<<<<<<<<<<<<<<<<<<<<<<<<4 2% *ntroduction *ntroduction – Wills Wills 6Wasiyat6Wasiyat-ama7 ama7 <<<<<<<<<<<<<<<<<<<<<<<%%<<<<<3 1% (he *mporta *mportance nce of *sla *slamic mic Will<<<<<<<<<<<<<<<<<<<<<<<<<<<%%<<<< = 4% 0rigin 0rigin of of the the law law of Will<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< <<<> 3% ?eneral +ule – -o Formalit Formality y is re@uired<<<<<<<<<<<<<<<<<<<<<<<<<%%%8 B% +e@uisite e@uisites s of a #ali #alid d Will<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< <<8: =% (estator estator and his competence<<<<<<<<<<<<<<<<<<<<<<<<<<< <%%%%%%%%%%%%8: >% Lega Legatee tee and and his his Competence<<<<<<<<<<<<<<<<<<<<<<<<<<%%%%% %%%%%%%%%%%%%%82 8% Sub"ect of will and its #alidity<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< <%84 88% (estamentary power and its limits<<<<<<<<<<<<<<<<<<<<<<<<<<<<<%83 8:% Dception to the general rule<<<<<<<<<<<<<<<<<<<<<<<<<<%%%%%%%%%%%%%%%%%% 8B
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Concept of Wills Under Muslim Law 82% Custom< om<<<<<<<<<<<<<<<<<<<<<<<<<<< <<<<<<<<<<<<<<<%%8= 81% 'octrine of Consent<<<<<<<<<<<<<<<<<<<<<<<<<<<<< <<<<<<<%%8= 84% +e#ocation of will<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< <<<<<%8> 83% +ateable abatement<<<<<<<<<<<<<<<<<<<<<<<<<<<< <<<<<<<<%%: 8B% Lapsing of Legacy<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< <<<<<<<%%:: 8=% $robate and the letter of administration<<<<<<<<<<<%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%: : 8>% (estamen (estamentary tary disposition disposition of more more than 8E2rd of the property<<<<<<<%%%%%%%%%%%%%%%%%%%%%%%%%%%:: :% 'ierence between Sunni and Shia Law<<<<<<<<<<<<<<<<<<<<<<<<<<%%:2 :8% Conclusion<<<<<<<<<<<<<<<<<<<<<<<<< <<<<<<<<<<<<<<<<:1 ::% ::% 5ib 5ibliog liogra rap phy<< y<<<<< <<< <<<<<<<< <<< <<<<<<<<< <<< <<< <<<<<<<<<<<<<<<:3
*ntroduction For a beatific and beautiful beginning, I begin my assignment with ‘ BISMILLAH’. Infinite glory and thanks be to Allahu ta’ala who bestowed upon us all kinds of favours and honoured us
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Concept of Wills Under Muslim Law by making Muslims and valued us by making us the Umma of Rasulullah Muhammad (sallMuhammad (sall Allahu ta’ala’alaihi wa sallam), which is the highest blessing. Allahu ta’ala has mercy upon all people on the earth. e creates useful things and sends them to everybody. e shows the way to !ndless "liss. e guides to the right path whomever e wishes among those who left the true way and followed the way to #ufr $infidelity% and heresy as a result of being deceived by their own nafs $human desires%, desires%, bad friends, friends, harmful books, and the media. e saves them from eternal calamity. e does not bestow this blessing upon those who are cruel and e&ceed their limits. e lets them stay on the way of #ufr, which they like and desire. In the ne&t world, e will forgive whomever e wants of those guilty "elievers who are to go to ell, and e will admit admit them to 'aradise. e alone creates every living creature, keeps every being in e&istence every moment and protects all against fear and horror. If anyone thanks and praises anyone else at any time and at any place for any reason, these thanks and praise thus paid belongs to Allahu ta’ala by rights, for e is the only (ne who creates and sends all kinds of blessings and goodness. If e would not remind, create, cr eate, and give all strength, no one could ever do any goodness goodness or harm to anyone else. (nly what e wills, comes into into e&istence. )o one can do anything against is will.
*e should mediate mediate and reali+e reali+e that Allahu ta’ala alone blesses every favour upon everybody. upe uperi rior or and and good good -ual -ualit itie iess of men men are all all is is bles blessi sings ngs and and favou favours. rs. (ur (ur life life,, reas reason on,, knowledge, strength, sense of hearing and speech are all from im. e always is the one who sends innumerable blessings and favours. e is the one who rescues human beings from trouble and distress, who accepts prayers and keeps away grief disaster. (nly e creates sustenance and causes them to reach us. is blessing is so bountiful that e does not cut off the sustenance of those who commit sins. is covering sins is so great that e does not disgrace or hold up the scor scorn n or tear tear the the hone honest sty y veil veil of who who do not not obey obey is is comm comman ands ds or abst abstai ain n from from is is prohibitions. e is so forgiving, so merciful that e does not hurry in punishing those who deserve punishment punishment and torture torture $‘adhab%. $‘adhab%. e scatters scatters is blessings blessings and favours upon both those whom e likes and is enemies. e does not spare anything from anybody. nd as the highest, the most precious of is benefactions, e points out the right r ight path to happiness and salvation. e warns us not to go astray, astray, so that we go to paradise. nd nd e orders us to adapt ourselves ourselves to is beloved 'rophet Muhammad (sall-Allahu ta’ala’alaihi wa sallam) in order that we may attain all the infinite infinite blessings, blessings, endless endless and ine&haustible ine&haustible pleasures in paradise, and is own approval approval and love. /hus Allahu ta’ala’s ta’ala’s blessings are as obvious as the sun. /he favours which come from others, in fact, come from im. e, again, is the (ne who makes others intermediaries and gives wish, power and strength to do favours. For this reasons, e is the one who sends all the blessings that come through all places and all people. /o /o e&pect favours from anybody but im is like asking for something from the custodian or asking for alms from the poor. /he ignorant as well as the educated, and blockheads as well as the intelligent and the keen know that what we 19$age
Concept of Wills Under Muslim Law say here is right and to the point, for, everything said is obvious facts. It is not necessary even to think them over. /rusting ourselves to the honourable name of Allahu ta’ala, that is, e&pecting help from im I would like to start my assignment. May hamd be to llahu ta’ala. 'eace and blessings be upon is beloved 'rophet Muhammad and on (sall-Allahu ta’ala’alaihi wa sallam). May all auspicious prayers be on his Ahl al-Bait and each of his 0ust devoted companions (as-Sahabat al-kiram). Muslims are re-uired to learn “Islamic Knowlede.! It It is divided into two branches, “Reliious Knowlede! and and “Scienti"ic Knowlede.! o o learning Islamic #nowledge as much as necessary is an obligatory duty (#ard) for every Muslim.
*ntroduction – Family Law 6Muslim Law7 In Indian Indian termino terminolog logy y persona personall law is very very famili familiar ar e&press e&pression ion.. It is not -uite -uite diffi difficul cultt to understand and in the same manner not so easy to define. It is very difficult to define personal law but some of the writers have tried to define it so as Mulla has described 'ersonal law as 1 the law and custom as to succession and family relations 2. /his definition has been generally accepte accepted d as a fairly fairly workab workable le defini definitio tion n or descri descripti ption. on. ccordi ccording ng to 3ustice 3ustice "hagwa "hagwati ti in upreme court decision in $radee% &ain v. 'nion o" India, has referred to personal law as the law 1by 1by which an individual is governed in respect of various matters such as, the essentials validity of a marriage, the effects of marriage on the proprietary rights of husband and wife, jurisdiction in divorce or nullity of marriage, illegitimacy, illegitimacy, legitimation and adoption and testamentary and intestate succession to movables2. movables2. /he applicability of personal law in the country like India depends solely on religion. indu, Muslim, 4hristian, 'arsi, e.t.c which are governed by their own personal law as indu law, Muslim law, 4hristian law, 'arsi law, respectively. From the religious point of view the personal
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Concept of Wills Under Muslim Law law is defined as 1that 1 that body of law which applies to a person or to a matter solely on the ground of his belonging to or its being associated with a particular religion2. religion2. /he Muslim Law or Islamic Law $or the Law of Allah% is a part of Family 5aw. 5aw . It is a personal law that is applied by courts in regard to family matters when the parties are Muslims. Muslim 5aw is called haria $hariah or yariah% in rabic. Fi-h means understanding of details and refers to the inferences drawn by scholars. haria refers to the principles that lie behind the fi-h. /he word 6Muslim6 is derived from the word 6Islam6 and signifies a person who adopts the faith of Islam. Muslim 5aw in general draws no distinction between religious life and secular life.
*ntroduction – Wills 6Wasiyat-ama7 Will-The Primary Instrument of Muslim Testamentary Testamentary Succession Succ ession “The instincts and affections of mankind, in the vast majority of instances, WILL lead man to make provisions for those who are nearest to them in kindred and who in life have been the objects of their affections. Under the Muslim law, the concept of making a will is desirable and virtuous act. 1 ! will from from the "uslim point of view is a divine institution, since its e#ercise is regulated regulated by the uran al-kerim. It offers to the testator the means of correcting to a certain e#tent the law of succession$of recogni%ing the services rendered rendered by a stranger, or the devotion to him in his last moments$ /he 'rophet Muhammad (sall-Allahu (sall-Allahu ta’ala’alaihi wa sallam) has said7 1 Allahu ta’ala has bestowed &the option' upon you in ()*rd of your property at the last moment of your life to increase increase your good deeds.2 deeds.2 1 ! "uslim, who holds property, property, has no right to pass even two nights without making and keeping a written will with me.2 me .2 Ibn Umar said, 1since I heard this from my $ro%het Muhammad (sall-Allahu ta’ala’alaihi wa sallam), I have not passed a single night without having my will with me.2
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Concept of Wills Under Muslim Law will is the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. 8 /he will is not transfer but a mode of devolution. 9 ccording to edaya,: an authoritative book on unni u nni 5aw, 1Wasiyat means means an endowment with the property of anything after death, as if one person should say to another, 1 give this article of mine after my death to a particular person. /he thing so given is termed the legacy or the sub0ect of the be-uest; the person who wills that it be given is denominated testator; the person in whose favour the will is is made is called the legatee and the person appointed to carry the will into e&ecution is called the e&ecutor or the wasi.2 wasi.2< /he Muslim testamentary succession is entirely governed by the Muslim 'ersonal 5aw which covers the powers to make the will, the nature of the will, the e&ecution procedure, conditions of validity etc. /he term ‘ wasi*at 6 means an endowment with the property of anything after death. /o be-ueath it, in the language of law, to confer a right of property in a specific thing, or in a profit or advantage in the manner of gratuity postponed till after death of the testator. /he document containing the ‘will6 is the wasi*at-nama. wasi*at can be made orally or in writing in which case it does not have to be attested. /hough it is in writing, it need not be signed by the testator and attested by the witnesses. /he option of revocation or modification in the will is available to the testator in his lifetime. /he essential condition for a valid will in Muslim law $as that in the indu testamentary succession% is that only property with absolute ownership of the testator can be be-ueathed. be-uest which is contingent, or conditional or in the future or is alternative to another, pre=e&isting one, would be void.
+estrictions Muslims/
on
testamentary
capacity
of
Islam Islam recogni recogni+es +es the indispe indispensi nsible ble necessi necessity ty that that a man should should have the power power of making making be-uests. /his however does not imply that he has the power to encroach upon the share of his legal heirs as stated in the holy >uran. >uoting meer li, 1the 'rophet has declared that power : Section 2 of the *ndian Succession Act) 8>:4 2 &ani. Gohra #% 'eputy 'irector) Consolidation) 8>3= +%'% >% 1 Hamiltons Hedaya 6?rady ed%7) 3B% 4 A Will is deIned in FatwaiAlamgiri FatwaiAlamgiri Jto be the conferment conferment of a right of property in a speciIc thing) or in a proIt or ad#antage) in the manner of gratuity to ta!e eect on the death of the testator% testator% According to Sharaiul*slam an authoritati#e boo! on Shia Law) Jma!ing one person of another as proprietor of the corpus or its proceeds of his property after after ones own death is called will%K5eirut will%K5eirut ed%) p%:4=% B9$age
Concept of Wills Under Muslim Law should not be e&ercised to the in0ury of lawful heirs2. ence there are restrictions imposed on the testamentary capacity of Muslims. Muslim testamentary capacity is regulated in two ways7 ?.
/he (ne third rule7 /his rule states that a Muslim cannot make be-uest of more than one=third of his net property, after the discharge of debts and funeral e&penses, if there are heirs present. !ven for be-ueathing the ?@9rd share, the Muslim has to obtain the consent of the other heirs. ll schools of Muslim 5aw e&cept the Ithana shari chool lay down that be-uest of more than one third unless consented to by the heirs is invalid or a custom or usage so permits.
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/he cons consen entt of the the hei heirs to conf confer er in e&ce e&cess ss of one= one=tthird hird thro throug ugh h will will77 s mentioned above, a Muslim has to obtain consent of all the surviving heirs to devolve property in e&cess of one=third through will. /his rule is in place to ensure that the heirs have voluntarily consented to the infringement of their right in the testator6s property and are not wronged in anyway. uch consent may be through words or implied conduct, but not through silence nother limitation on the testamentary capacity is that this power should not be used to benefit one particular heir, unless consented by other heirs. In the absence of such approval, the will un0ustly enriching one heir over all others shall not be recogni+ed as a valid will. *ill from the Musalman’s point of view is a divine institution, since its e&ercise is regulated by uran al-kerim. It offers to the testator the means of correcting to a certain e&tent the law of succession, succession, and of enabling enabling some of the relatives relatives who are e&cluded from inheritance inheritance to obtain a share in his goods and of recogni+ing the services rendered to him by a stranger, or the devotion ta’ala’alaihi to him in his last moments. t the same time the $ro%het Muhammad (sall-Allahu ta’ala’alaihi wa sallam) has declared that the power should not be e&ercised to the in0ury of the lawful heirs. A /he e&ercise of the testamentary powers is restricted to a third of the estate in the Muslim system so as not to deprive the lawful heirs of their just claims. claims. document document embodying the will is called +asi*atnama.
lements of will/ • •
*ill *ill is a conferment confer ment of right to one’s property on another. /his conferment of right is to take effect after the death of the testator.
/he significance and meaning of the word ‘conferment’ in the definition is that the conferment must be complete and should not be a mere intention to confer the right of property. /he second 3 : Str%H%L%) 142 6M% Sautayra7 =9$age
Concept of Wills Under Muslim Law element of the definition connotes the most important characteristics of a will and that is that the right conferred in the property is to take effect after the death of the maker $testator% of the will.
(he *mportance of *slamic Will Will /he importance of the Islamic will $wasiyya $ wasiyya%% is clear from the following two hadith7 hadith7 •
BIt is the duty of a Muslim who has anything to be-uest not to let two nights pass without writing a will about it.B $ahih al="ukhari%
•
B man man may do good deeds for seventy years but if he acts un0ustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, $on the other hand%, a man acts wickedly for seventy years but is 0ust in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Carden.B $hmad and Ibn Ma0ah%
0rigin of the law of Will It is reported by "ukhariD. ad ad ibn ibn bi *--as *--as said said,, ‘/he ‘/he 'rop 'rophe hett Muhammad (sall-Allahu ta’ala’al ta’ala’alaihi aihi wa sallam) sallam) used to visit me at Mecca, in the year of the Farewell pilgrimage, on account of $my% illness which had become very severe.’ o I said, ‘my illness has become very severe and I have much property and there is none to inherit me but a daughter, shall I then be-ueath, 8@9rd of property as a charity.’ e said, ‘)o’, I said, ‘alf’, he said, ‘)o’. /hen he said, ‘be-ueath ?@9rd and ?@9rd is much for if thou leavest thy heirs free form want, it is better than that thou leavest them in want begging of $other% people; and thou art rewarded for it, even for that which thou puttest into the mouth of thy wife.2 ence, the ob0ect of wills according to the traditions of the 'rophet Muhammad (sall-Allahu (sall-Allahu ta’ala’alaihi wa sallam) is to provide for the maintenance of the members of family and other relatives where they cannot be properly provided for by the law of inheritance. ta’ala’alaihi wa sallam) lays down that it tradition from the 'rophet Muhammad (sall-Allahu ta’ala’alaihi is ethically incumbent upon a Muslim to make arrangements for the distribution of his property after his death and that a Muslim having property should not sleep even for two nights unless he has made a written will. "ut in order to protect the rights of the lawful heirs, the testamentary power is limited to ?@9rd of the property. /hus, the policy of the Muslim 5aw is to permit a man to give away the whole of his property by gift inter vivos, vivos, but to prevent him, e&cept for ?@9 rd of his
B Mohammad Ali Manual of Hadith 6Lahore 8>>17) 22124% -o%: >9$age
Concept of Wills Under Muslim Law estate, from interfering by will with the course of the devolution of the property according to the laws of inheritance.E
?eneral +ule – -o Formality is re@uired s a general rule no formality is re-uired in for making a will. ny e&pression of une-uivocal e&pression will suffice. (rally or in writing a will may be made either orally or in writing. It is not necessary that a testamentary disposition should be in writing. If it is made orally, no particularly form of words are re-uired, so long as the intention of the testator is clear. If the will is in writing, it need not even be signed by the testator or attested by the witnesses, because the verse in the uran alkerim regarding witnesses is considered merely as a recommendation, and is not mandatory.G In Mohamed Alta" v. Ahmed Buksh, it was held by the 'rivy 4ouncil that by the Muslim 5aw no writing is necessary to make a will valid, and no particular form, even verbal declaration is necessary as long as the intention of the testator is sufficient ascertained. In Mahar /usain v. Bodha Bibi the 'rivy 4ouncil held that a letter written by a testator short shortly ly before before his his deat death h and and cont contai aini ning ng dire direct ctio ions ns as to the the disp dispos osit itio ions ns of his his prop propert erty y constituted a valid will. In the case of Aulia Bibi v. Alauddin0 it was found that a document purporting to be the will of a Muslim lady was in fact drawn up in accordance with instructions given by the testatri& to a lawyer at a time when she was competent to make a will. /he llahabad igh 4ourt held that such a document was a valid will notwithstanding the absence of the signature of the testatri&.
= Ameer Ali/Mohammedan Law 6ol%87 6ol%87 p%8=3 > uran al!erim 483% J(he e#idence of two "ust witnesses from amongst you at the time of ma!ing the willK% 8 68=B37 :4 W%+% 8:8 6$C7 88 :8 All >8 6$C7 8: 68>37 := All B84 8 9 $ a g e
Concept of Wills Under Muslim Law In 1enkat Rao v. 2amdeo3, it was held by the 'rivy 4ouncil that the burden of establishing an oral will is always a very heavy one on those who assert; it must be proved with the utmost precision, and with every circumstance of time time and place. /he court shall put such a will into force only when it is -uite evident from the circumstances and statements of the witnesses as to the actual words uttered by the testator and the 4ourt is able to conclude from the circumstances and the evidence the real intent of the deceased to the fact that it should be regarded as his last will. "esides, In Mahabir $rasad v. Musta"a4, the court must also be completely satisfied with the contents of the instruction of the testator.
Mus Muslim lim Law Law of will will and and the *ndi *ndian an Suc Successi essio on Act) 8>:4/ /he provisions of Indian uccessions ct, ?G8< are not applicable to Muslims. owever, a Muslim cannot claim immunity if his marriage was held under the pecial Marriage ct, ?G<:. In such cases the provisions of the Indian uccessions ct, ?G8< shall be applicable even though the will was made before or after the marriage. *here a will is governed by the Muslim 5aw it will be sub0ect to the provisions of the hariat ct, ?G9D.
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Concept of Wills Under Muslim Law
+e@uisites of a #alid Will /he essential re-uisites of a valid will, under Muslim 5aw are as follows7= • • • •
/he testator must be competent co mpetent to make the will. /he legatee must be competent to take the legacy or be-uest. ?< /he sub0ect of be-uest must be a valid one. /he be-uest must be within the limits imposed on the testamentary power of a Muslim.
(estator (estator and his competence competence% !very adult Muslim of sound mind can make a will. /hus a minor or a lunatic are not competent to e&ecute a will. minor is incompetent to make a will but when a will is made by a minor it may subse-uently be validated by his ratification on attaining ma0ority. In case of Abdul Manan Khan v. Murtaa Khan5 'atna igh 4ourt held that any Muslim having a sound mind and not a minor may make a will to dispose of the property. o far as a deed of will is concerned, no formality or a particular form is re-uired in law for the purpose of creating a valid will. n une-uivocal e&pression by the testator serves the purpose. be-uest made by a person of unsound mind cannot be deemed valid, if he becomes of sound mind subse-uently. In the converse case, a be-uest made by a person, while of sound mind, becomes invalid, if the testator is permanently disabled by unsoundness of mind. *here the testatri& clearly e&pressed herself that after her death, the properties will devolve upon her heirs in the manners as has been described in detail in the document the same constituted a will and not a deed of partition especially when the beneficiaries did not have any share in the properties of the lady e&ecuting the document during her lifetime. ?D
Who is a MinorN *ho is a minor that can be understood by two ways7= 84 A%M%&han #% Mirtu.a &han A*+ 8>>8 $at%841 83 A*+ 8>>8 $at% 844 8B *bid% 8: 9 $ a g e
Concept of Wills Under Muslim Law • •
*ho is minor as per Muslim 5awH *ho is minor as per Indian Ma0ority ctH ctH
ccording to Muslim 5aw, the age of ma0ority is ?< years and minority of a person terminates at that age. "ut this rule is not applicable to wills in India since the age of ma0ority, ma0ority, in case of will is governed by the Indian I ndian Ma0ority ct ct and not by the personal law. ccording to the Indian Ma0ority ct, the minority terminates at the age of ?E years, but if the minor is one whose guardian has been appointed by the 4ourt, the minority will terminate at the age of 8? years. /hus a person of ?E years or 8? years, as the case may be, is competent to make a will.
Will of a person who is committing suicide% Under unni 5aw, the will of a person committing suicide is valid. "ut under hia 5aw, a will made by a person who has done any act towards the commission of suicide is not valid, but if the will is made before doing of any act towards the commission of suicide, it is valid. In case of Mahar /usen v. Bodha Bibi 6 the deceased first made his will, and afterwards took poison. /he 'rivy 4ouncil held that the will was valid, though he had contemplated suicide at the time of making the will. will procured by undue influence, coercion or fraud is not valid, and the courts take great care in admitting the will of a pardanashin a pardanashin woman. woman.
Legatee and his Competence% ny person capable of holding property may be the legatee under a will. /hus se&, age, creed or religion is no bar to the taking of a be-uest. )o one can be made the beneficial owner of the shares against his will. /herefore, the title to the sub0ects of be-uest can only be completed with the e&press or implied assent of the legatee after the death of the testator. ?.
5e@uest to an institution be-uest
may be validly made for the benefit of an
institution.
:% 5e@u 5e@ues estt to a non nonMu Musl slim im –
be-uest in favour of a non=Muslim is valid. In
+edaya the +edaya the following verses of the uran al-kerim has been -uoted7= 1e are not prohibited, ( believers, from acts of benevolence towards those who sub0ects themselves to you, and refrain from battles and contentions.2
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Concept of Wills Under Muslim Law It is, therefore, clear that a Muslim can give his property by be-uesting the same in favour of a non=Muslim is not hostile towards Islam. Isla m.
2% 5e@uest to testators Murderer Murderer –
ccording to unni 5aw, a be-uest to a person
who caused the death of the testator whether intentionally or unintentionally is invalid. Under anafi 5aw, a will in respect of a person who has caused the death of the testator can be validated if the heirs have given their consent. "ut according to the hia 5aw, it is invalid if it is caused intentionally and not if accidentally or unintentionally.
1% 5e@uest to to an unborn unborn person person –
child who is born within A months of the
date of making the will is treated as a legatee in e&istence and hence competent to take the be-uest. "ut in hia 5aw, a be-uest to a child in the womb is valid, if it is born in the longest period of gestation, i.e., ten ten lunar months. 4% 5e@ue 5e@uest st for for a charit charitabl able e ob"ect ob"ect be-uest for the benefit of a religious or charitable ob0ect is valid. /he only re-uisite is a general intention to charity, e.g., where a be-uest is made in the way of Cod, it is valid and the legacy must be spent on good and pious ob0ects. Under Muslim 5aw, certain restrictions have been imposed on the rights of the legators to make a will depriving the rights of the heirs. /he 4alcutta igh 4ourt has said that the restriction against will to heirs cannot be got over either under colour of a religious be-uest or by having recourse to a partition deed between the legato and his heirs. In case of Abdul 7ader v. 8urner 9 it was held by the court that the be-uest to a person not in e&istence at the time of death of the testator is void. "ut a be-uest in favour of a child in the womb is valid provided it is born within A months from the date of the will. be-uest may be made by a Muslim in favour f avour of any person p erson capable of holding the property, the religion of the legatee being immaterial.8J In case of 7hunnu Bibi v. v. Mohammad Ria 0 the 5ahore igh 4ourt held that7 1the Muslim law contains two rules about the e&istence of the legatee in order that he may benefit from the will; one being that he must be in e&istence at the time of the making of the will either actually or presumably, the presumed e&istence meaning birth within A months of the will; and the other other that he should be in e&istence e&istence at the time of the death of the testator. testator. t first sight 8> 68=>17 > 5om 84=% : Fy.ee/ Fy.ee/ 0utlines of Mohammadan Law 1 th edn) 234% :8 $%L%'% 68>437 Lahore B=3% 81 9 $ a g e
Concept of Wills Under Muslim Law there appears that the two rules are irreconcilable, but a careful consideration reveals that the two rules deal with two different sets of circumstances and are completely reconcilable with each other.2
Sub"ect of will and its #alidity In order to constitute con stitute a valid will, followings are the re-uisites7 ?. /he property property must be be capable capable of being being transferre transferred; d; 8. /he property property must be in e&istence e&istence at the the time of testator’s testator’s death. death. It is not not necessary necessary that it should be in e&istence at the time of the making of the will; 9. /he testator testator must must be the owner of the property property to be be disposed disposed by will. will. /he validity of following be-uest under Muslim 5aw7
5e@uest in future/ be-uest cannot be made of anything to be performed or produced in future.
Contingent be@uest/
"e-uest of a property which is conditional to take effect
on the happening or not happening of an uncertain event is void.
Alternati#e Alternati#e be@uest/
n alternative alternative be-uest of property property,, i.e., i.e., to one or failing failing
him to the other person is valid. /he be-uest to the ? st person if he is in e&istence at the time of testator’s death will be deemed to be absolute. ence he will take the be-uest. If the ? st person predeceases, the testator, the 8 nd person will take the be-uest.
Conditional be@uest/
will sub0ect to certain conditions is called conditional
be-uest. be-uest with a condition which derogates from the completeness of, the grant takes effect as if no condition was attached to it, for the condition is void. /he condition so attached need not be fulfilled and the legatee gets abso absolu lute te unco uncondi nditi tion onal al inte interes restt in the the prop propert erty y be-u be-uea eath thed ed to him. him. For For e&le, makes a will of certain property to ". It is provided by the will= deed that " shall not sell the property. /he restraint against the sale is void, and " takes the property absolutely. absolutely.88
5e@uest of lifeestate/
unni 5aw treats a be-uest to life=estate as be-uest with a
condition condition attached attached to it and as such the rule of a conditional conditional gift applies, applies, i.e., the be-uest takes effect while the condition becomes void, for instance, a :: 5abu Lal #% ?hansham 'as) A*+ 8>>: All :4O Abdul &arim #% #% Abdul ayum) 68>37 := All 21:% 84 9 $ a g e
Concept of Wills Under Muslim Law be-uest to for life and after his death to " is in its legal effect effect a be-uest to absolutely and " takes nothing under it. /hus a be-uest of life=estate is not recogni+ed under Muslim 5aw.
(estamentary (estamentary power and its limits/ /he testamentary capacity of a Muslim is limited. e does not possess an unlimited power of making disposition by will. /here are two=fold restrictions on the power of a Muslim to dispose of his property by will. /he two=fold restrictions are in respect of the person in whose favour the be-uest is made, and as to the e&tent to to which he can dispose of his property. property. ?.
Limitation as regards the person%
/he general rule in this regard has
been very clearly laid in the case of :hulam Mohammed v. :hulam /ussain.03 It was held that a be-uest in favour of an heir is not valid unless the others heirs consent to the be-uest after the death of the testator. testator. In #ukan v. Mumta Beum04 the Ka0asthan igh 4ourt had confirmed the well=settled principle that a be-uest in favour of an heir, even to the e&tent of ?@9 rd was not valid under the anafi 5aw, unless the other heirs consented it, e&pressly or impliedly after the death of his testator. In Abdul Manan Khan v. Murtaa Khan 0;, /he 'atna igh 4ourt held that a be-uest in favour of an heir is invalid unless the other heirs consent to it after the testator’s death. provision has been made in law to obtain consent of the heirs after the death of the testator; if any reason r eason of a will more than ?@9 rd of the properties is sought to be be-ueathed to an outsider and to any e&tent to an heir. uch consent can be inferred from conduct. cts of attestation of will be legatees and taking of possession by them of property be-ueathed could signify such consent. In case of Kha=/ 8>2: $C =8% :1 A*+ 8>B8 +a" 81>% :4 A*+ 8>>8 $at% 844% :3 2 *%A%:>8)2B 83 9 $ a g e
Concept of Wills Under Muslim Law ccording to hia 5aw, a testator may give a legacy to an heir so long as it does not e&ceed ?@9 rd of his estate. uch a legacy is valid without the consent of the other heirs. "ut if the legacy e&ceeds ?@9rd it is not valid unless the other heirs consent thereto; such consent may be given before or after the death of the testator. "ut where the whole estate is to be be-ueathed to one heir and the other heirs are e&cluded entirely from inheritance the be-uest is void in its entirety. entirety .8D
:%Limitation as regard the property%
/he general rule with regard to
the e&tent of property that may be disposed of by will is that no Muslim can make a be-uest of more than ?@9rd of his net assets after payment of funeral charges and debts.
Dception to the general rule/ •
Under anafi 5aw, a be-uest or more than ?@9 rd of the net assets may be valid, if the heirs,
•
whose rights are infringed thereby, give their consent to the be-uest after the death of the testator. In hia 5aw such consent validates the will whether given before or after the testator’s death. /he above rule of be-ueathed be-ueathed ?@9rd will not apply to a case where the testator has no heir. heir. /he right of Covernment to take the estate of an heirless person will not, in any way, restrict the right of a person to make a disposition of his property, as he likes. In other words, Covernment is no heir to an heirless person.
Custom mong !unuchs community of Muslim Curu=4hela system was prevalent. s per their customs a Muslim could not have willed more than ?@9 rd of his property without the consent of his chela to an outsider, the will in respect of entire property of a Curu, in favour of an outsider could not be held to be valid. Under this custom a chela alone is the heir of his Curu. /hough the Muslim 5aw does not debar a Muslim from e&ecuting a will of his property in favour of any one including the persons in whose favor the will is to be e&ecuted would not be contrary to this law. /he 4ourt held such custom does not violate the aforesaid law. law. It only limits limits the choice of legatee without effecting the right to e&ecute the will and such a custom was not either against public policy or the Muslim 5aw.8E
Consent :B Husaini 5egum #% Mohammad Mehdi) 68>:B7 1> All%41B% := *llyas etc% #% 5adshah etc% A*+ 8>>3 M%$%321% 8B 9 $ a g e
Concept of Wills Under Muslim Law ccording to the e&ceptions to general rules a be-uest of more than ?@9 rd of the testator’s property is valid if the other heirs give their consent to it. imilarly, a be-uest to an heir with the consent of heirs is also valid. /here is no difference between unni and the hia chools as to the consent of the heirs if the be-ueathed property e&ceeds ?@9 rd of the estate. 4ertain rules which should be followed they are listed below7 •
Consent when to be gi#enN ccording to unni 5aw, the consent must be given after the death of the testator. 4onsent given during his lifetime is of no legal effect. Under hia 5aw, the consent may be given either before or after the death of the testator. 4onsent of heirs means consent of those persons who are heirs of the testator at the time of his death, not the consent of a presumptive or would be heir. uch consent must be free consent. consent given under undue influence, fraud, coercion or misrepresentation is no consent at all and it would not bind the person so consenting.
•
Cons Consen entt how how to be gi#e gi#enN nN
4onsent may be either e&press or implied.
ccordi ccordingl ngly, y, the attest attestati ation on of will will by the heirs heirs and ac-uie ac-uiesce scence nce in the legate legateee taking taking possession of the property has been held to be sufficient consent. imilarly, imilarly, when the heirs did not -uestion -uestion the will for three -uarters of a century century and the legatee had taken the allowances month after month, it was held that the conduct of the heirs amount to consent. •
Consent of some of the heirs%
In cases where only some of the heirs give
their consent the shares of those consenting will be bound, and the legacy in e&cess is payable out of the consenting heir’s share. •
Consent by heirs after the death of the testator . = be-uest in favour of an heir is invalid unless the other heirs consent to it after the death of the testator. provision has been made in law to obtain consent of the heirs after the death of the testator; if any reason of a will more than ?@9 rd of the properties is sought to be be-ueathed to an outsider and to any e&tent.
•
Consent of an insol#ent heir . = /he consent of heirs who are insolvent has been held effective in validating validating a be-uest.
•
Consent Consent not rescind rescindable% able%
= 4ons 4onsent ent once once give given n cann cannot ot be subs subsee-uen uentl tly y
rescinded.
+e#ocation of will Muslim 5aw confers on a testator unfettered right to revoke his will. e may revoke it at any time. /he revocation may be either e&press e&pres s or implied. 8= 9 $ a g e
Concept of Wills Under Muslim Law Dpress Dpress
re#ocation re#ocation//
n e&press revocation may be either oral or written. For
e&le= makes a testamentary disposition of land in favour of ". t any time after making the dispositions, he says 1the land that I gave to " is for L.2 /hese words will amount to e&press revocation of the be-uest. In interpretation of the wills, the intention of the testators is of paramount importance. /hus, if the testator be-ueaths by will the same property to two or more persons they will share the property e-ually.
*mplie *mplied d
re#oc re #ocati ation/ on/
Kevocation of a be-uest may be implied e.g., where the
testator subse-uently transfer the sub0ect=matter sub0ect=matter of will or destroys it, it, or completely alters its nature or makes such additions to it without which the property cannot be delivered, etc. where be-ueaths a land to " and subse-uently builds a house over it, the be-uest stands revoked. imilarly, where the sub0ect matter of be-uest is a house and the testator sells it, or makes a gift of it, the revocation is complete by implication. i mplication.
Subse@uent
will/
*here a testator makes a will, and by a subse-uent will gives the
same property to someone else, the prior be-uest is revoked. "ut a subse-uent be-uest though it be of the same property, to another person in the same will does not operate as a revocation of the prior be-uest, and the property will be divided between the two legatees in e-ual shares.
?eneral principles under the concept of will +ateable abatement/"y
rateab rateable le abateme abatement nt is meant meant 1propor 1proportio tionat natee reduct reduction ion.2 .2
*here a be-uest of more than ?@9 rd of the property is made to two or more persons and the heirs do not consent, under anafi 5aw, the shares are reduce reduced d propor proportio tionat nately ely to bring bring it down down to ?@9rd or in other words, the be-uest abates rateably. "e-uests for the purpose of rateable abatement are divided into be-uests for pious purposes and be-uest for secular purposes. s a general class, be-uests for pious purposes are decreased proportionality to be-uest for secular purposes, and do not have precedence over them.
5e@uest for $ious $urpose fall under three classes/ *% 5e@uest fo for Fa Farai./
Under this head, that is, purposes e&pressly ordained in the
uran al-kerim namely7
a7 a00 $'ilgrimage% akat $'oor rate% b7 c7 !&piation for prayers missed by a Muslim. 8> 9 $ a g e
Concept of Wills Under Muslim Law /hese are obligatory for Muslims.
**% 5e@uest fo for Wa Wa"ibat/
Under Under this, this, purpose purposess not e&press e&pressly ly ordaine ordained, d, but
which are in themselves proper, for e&le, charity given on the day of breaking fast. /hese are singly recommended reco mmended not obligatory.
***% 5e@uest for -awaIl/
Under this, be-uests of a purely voluntary nature, e.g.,
be-uest to the poor, or for building a mos-ue, or a bridge, or an inn for travellers of these three classes be-uest be-uest of the first class take precedence over be-uest of the second and the third class and be-uests of the second class take precedence over those of the third. /o /o take a concrete illustration, assuming a anafi testator leaves Ks.9JJJ@= 0ointly to and " and Ks.9JJ Ks.9JJJ@= J@= for pious pious purpos purposes es design designate ated d by him. him. /he be-ueat be-ueathab hable le third third amount amountss to Ks.:JJJ@=; hence Ks.8JJJ@= will be allotted to the secular be-uest and Ks.8JJJ@= to the pious ones. (ut of the sum of Ks.8JJJ@=. and " will each receive Ks.?JJJ@=. /he hia 5aw does not accept the principle of rateable reduction. /he rule of hia chool is that, of the several be-uests, the first in time prevails until the be-uesthable third is e&hausted; and for the purpose of this rule where several be-uests are to be found in a will, priority is determined deter mined by the order in which they are mentioned. For e&le7 if a testator leaves ?@9 rd of his estate to , ?@: th to " and ?@A th to 4 and the heirs do not consent to these be-uests. takes ?@9 rd of the estate estate and " and 4 will will take nothing, nothing, but if instead of ?@9rd, ?@?8th had been left to , then would have taken ?@?8 th and " ?@:th, but 4 who was mentioned last would get nothing, as the legal third is e&hausted between and ".
Dception/ /here is however, an e&ception to this rule. If a man be-uest ?@9 rd of his estate to two different persons in the same will, the later be-uest prevails. For instance, a testator by will gives ?@9 rd of his estate to ussain and later he says that ?@9 rd be given to Nolly, here Nolly gets ?@9 rd to the e&clusion of ussain. In the absence of heirs and as against the right of the state to take by escheat, the testator may be-ueath the whole of his property by will. *here a testator dies leaving only a wife or husband and no blood relations, if he is a man, he is entitled to be-ueath <@A th of his estate and if a woman to be-ueath 8@9rd of her estate. hiite hiite law on this point has a different different rule. ere, if the deceased leaves only a husband husband or wife survivi surviving, ng, the survivor survivor is entitl entitled ed to take take his a her uranic Share in the estate, amounting to ?@8nd or ?@:th as the case may be, but not entitled to take the residue of the estate by return. Moreover, the ?@8nd or ?@9rd uranic Share is determined with reference to the net estate, i.e.,
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Concept of Wills Under Muslim Law after deducting the debt of creditors of the deceased, funeral e&penses and the right of the deceased to make a will to the e&tent of ?@9 rd.
Lapsing of Legacy/ Under unni 5aw if the legatee legatee dies before the death of the testator the legacy lapses and forms part of the testator’s estate. Under hia 5aw in the above case, the legacy does not lapse but passes to the heir of the legatee, unless it is revoked by the testator. It will lapse, only if the legatee has no heir.
$robate and the letter of administration/ Mohammedan’s will may after the due proof, be admitted in evidence though no probate has been obtained.8G !&ce !&cept pt as rega regard rdss debt debtss due due to the the esta estate te of a dece deceas ased ed.. )o lett letter erss of administration are necessary to establish any right to the property of a Muslim who has died intestate.9J
(estamentary (estamentary disposition disposition of more than than 8E2rd of the property/ *here the testator has disposed of more than ?@9 rd of the property by way of will is not void. It is only invalid. uch a will can be legali+ed after obtaining the consent of the heirs. /he heirs may give their consent e&pressly or impliedly. Under anafi 5aw the consent of the heir has to be obtained after the legator’s death. In the absence of the consent of any heir, the will shall be void to the e&tent of his share. /he legato is competent to make a will in respect of any particular heir .9? hia 5aw is also identical identical to unni 5aw. 5aw. Under this, a testator testator can dispose of more than ?@9 rd of the property. /he heirs are fully competent to give their consent during their lifetime and it need not be ratified after his death.
'ierence 'ierence between Sunni and Shia Law Under Sunni Law i.
"e-ues "e-uestt of any any porti portion on to to an heir heir wit without hout the consent consent of others others heirs heirs is invali invalid. d.
:> Mohammad ;usuf #% Hargo#anddas) 1B 5om%:28% 2 Section :8: 6:7 *ndian Succession Act) 8>:4% 28 Mohd% Ala #% Husain Ali) A*+ 8>11 0udh :4% :8 9 $ a g e
Concept of Wills Under Muslim Law ii. ii. iii. iii. iv. iv. v. vi. vi. vii. vii. viii. viii.
be-u be-ues estt to a chi child ld in in womb womb is is vali valid d if born born wit withi hin n A mont months. hs. legate legateee who who caus causes es deat death h even even by acci acciden dentt is is dise disenti ntitle tled. d. eir’s eir’s consent consent should should be give given n after after the death death of of the the testa testator tor.. Keco Kecogn gnit itio ion n of rate rateab able le dis distr trib ibut utio ion. n. will will of a perso person n comm commit itti ting ng suic suicid idee is vali valid. d. If the the legatee legatee does does not not surviv survivee the test testato ator, r, the legac legacy y lapses lapses and reve reverts rts to to the test testato ator. r. ccept cceptance ance of the the lega legacy cy befor beforee the the testa testator’ tor’ss deat death h is of no effect effect..
Under Shia Law i. ii. iii. iii. iv. iv. v. vi. vii. vii. viii. viii.
be-u be-ues estt to the the e&te e&tent nt of ?@9 ?@9rd can be made to an heir without the consent of others heirs. It is is valid valid even even if if born born in the the longe longest st peri period od of of gestat gestation ion,, i.e., i.e., ?J month months. s. (nly (nly inte intent ntio iona nall mur murde derr disen disenti titl tles es a lega legate tee. e. eir’ eir’ss cons consen entt may may be be give given n befo before re or or afte afterr the the deat death. h. Kateabl Kateablee dist distrib ributi ution on is not recogni recogni+ed +ed under under hia hia 5aw 5aw.. It is vali valid d only only when when the wil willl is made made befo before re takin taking g any step step towa towards rds the the act act of suici suicide. de. /he /he legac legacy y does not not laps lapsee but passe passess to the heir heirss of the lega legate tee. e. It reve revert rtss to the test testat ator or when the legatee dies without leaving any heir. ccept cceptance ance of the the legac legacy y during during the the test testato ator’s r’s life life time time is is lawful lawful..
Conclusion ‘will’ ‘will’ is a legal document document through which a person declares his@her his@her wishes wishes and instructions instructions on how his@her property and possessions should be disposed of, distributed or given away after his@her death. Allahu ta’ala says in the Clorious uran al-kerim7
1 rescribed for you when death approaches approaches &any' of you if he leaves wealth &is that he should make' a be-uest for the parents and near relatives according to what is acceptable a duty upon the righteous.2 righteous.2 Ourah l="a-arah 87?EJP
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Concept of Wills Under Muslim Law "ased on this verse from the uran al-kerim, it was earlier obligatory upon the Muslims to make a will before death. "ut after the revelation of the verses on inheritance $i.e. urah )isa :7??=?8%, wherein Allahu ta’ala legislated fi&ed shares of inheritance for deserving heirs, it is now not compulsory in Islam for a person to write a will in his lifetime, because his estate is divided as prescribed in hari’ah among his living heirs. o after the revelation of urah )isa :7??=?8, in an Islamic country where Islamic hari’ah is followed, it is not re-uired making a will. In a non=Muslim country like India that has a separate Muslim 'ersonal 5aw, to make a will is optional. If a Muslim fears that the non=Muslim country where Muslim 'ersonal 5aw is followed has chances of deviating from the hari6ah in this respect, it is preferable to make a will as per >ur’anic guidelines otherwise it is not re-uired. uch a will is legally valid in India. owever, in a non=Muslim country like U... that does not have a separate Muslim 'ersonal 5aw, according to me it is compulsory for a Muslim to make a will as per the guidelines laid by Allahu ta’ala in urah )isa $:7??=?8%, so that it forces the law to e&ecute Islamic hari6ah as per your will. It is the right of every citi+en of a non=Muslim country, to will his property as per his desire, because in the absence of will each country has its own method of distributing the wealth. It may be obligatory as well on a person to make a will, with regard to the dues of others where there is no proof, lest they be lost or neglected, because the Muhammad (sall-Allahu (sall-Allahu ta’ala’alaihi wa sallam) said7 1 It is not permissible for any "uslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him .2 O)arrated by al="ukhari al="ukhari al=*asaayaa 8<99P. (ne should also ‘will’ if he fears some kind of corruption or dispute among the heirs, especially in a non=Muslim country. owever, one does not have the right to make a will for the legal heirs as per his own inclinatio inclinations ns $or wishes%, wishes%, because Allahu ta’ala has defined the share of each heir, and e has e&plained who inherits and who does not inherit. o it is not permitted for any person to transgress the limits set by Allahu ta’ala. 1 !nd whoever disobeys !llah and +is "essenger and transgresses +is limits +e will put him into the fire to abide eternally therein, and he will have a humiliating punishment 2 punishment 2 Ourah )isa :7?:P Allahu ta’ala has permitted us to make a will to whomsoever we wish other than the legal legal inheritor inheritorss for a ma&im ma&imum um of one=th one=third ird of our wealth, wealth, /he Muhammad (sall-Allahu ta’ala’alaihi wa sallam)said7 1 Allahu ta’ala was being generous to you when e allowed you to give one=third of your wealth $in charity% when you die, to increase your good deeds.2 OIbnMaa0ah,#itaab al=*asaayaa, adith )o. 8DJGP. /herefore one can will up to one=third of his wealth to be used for charitable purposes or else one can also give it to the people apart from from the lega legall hei heirs, rs, beca becaus usee the Muhammad (sall-Allahu ta’ala’alaihi wa sallam) said71/here is no will for the heirs. O/irmidhi, #itaab al=*asaayaa, al=*asaayaa, adith )o.8?8JP
And Allah !nows the best :2 9 $ a g e
Concept of Wills Under Muslim Law
Bi)lio*rap+, *% **% **% ***% ***% *% *% % *% *% **%
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*P% Mulla lla) $rinciple iples s of Mohamm ammedan Law) 8>th ed) ed) 6Hid 6Hiday ayat atul ulla la7) 7) LeDisn Disne eDis Dis 5utt 5utter erwo wort rths hs)) -ew 'elhi) 8>>% $rticles •
Hussain Abid) (he *slamic Law 0f Wills) a#ailable at http/EEwww%hooralayn%comEarticlesEMiscE(heQ:*slamic Q:LawQ:0fQ:Wills%pdf6 last #isited on March :4) :87%
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Concept of Wills Under Muslim Law •
&han &amaluddin) Law of Wills in Muslim Law Muslim (estamenta (estamentary ry Succession) a#ailable at http/EEwww%twocircles%netElegalRcircleElawRwillsRmuslimRlawRmu slim slimRt Rtes esta tame ment ntar aryR yRsu succ cces essi sion on! !amal amalud uddi dinR nR!h !han an%h %htm tml6 l6 last last #isited on March ::) :87%
Also help ta!en from these people and committee/ • • • •
Maulana Mehndi Hasan 6 +a"dhanwar) ?iridih) ,har!hand7 An"umane&huddameMa.hari 6Fatehpuri7 Maulana Si!ander 6Aauliya Mas"id) Mehrauli7 Maulana Mu!htar Ali 6,ama Mas"id) giridih) ,har!hand7
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