A Will that is executed in apprehension of death is valid but under the.

Rule of exclusion under muslim law. Which leaves at least 23rd of his property that can be distributed amongst the family members. 1414 There are several rules of exclusion whichThere are several rules of exclusion which determine the exclusion of some heirs by thedetermine the exclusion of some heirs by the presence of others. Similarly there is consensus amongst Islamic jurists that a murderer is not entitled to benefit from his act and is not competent to inherit from the person he or she killed though there is some disagreement as to whether this applies where the killing was unintended or accidental.

The legator must be capable of knowing fully the legal consequences of his activities not only for a brief period when the declaration was made but much after that. Under Muslim law the legator must have a perfectly disposing mind ie. The Muslim Laws of Inheritance does not recognize the Doctrine of Representation because under Muslim Law the nearer excludes the remoter.

Brother who is related to the deceased through another ie. The father is always an heir. Principles of Inheritance under Muslim Law.

Shia only when intentional 2. RULE OF EXCLUSION Every person even a child in womb is entitled to inherit unless he is specifically excluded The following are the grounds for exclusion. Under no circumstances can he be excluded from inheritance.

Both under Shia as well as under Sunni law. There are several rules of exclusion which determine the exclusion of some heirs by the presence of others. In simple words if there are two heirs who claim the inheritance for a common ancestor the heir who is neared to the deceased will exclude.

If an individual Muslim dies without making a will his property will be distributed among legal heirs after deducting some expenses also known as. But Muslim law does not recognise the doctrine of representation. In such cases he may name only 13rd of his property to people outside the bloodline.