Muslim Law

LEGACIES UNDER
INDIAN SUCCESSION ACT,1925
- II
DONE BY:
SAMANTHA M LOYALA
BCOM..,LLB(6TH SEM)
REG.NO:19LW3K1027
INTRODUCTION
 The Act is known as Indian Succession Act, 1925. Act
was enacted on 30th September, 1925.
 The law of succession is the law governing the devolution

of property (transfer of property from the owner of the
property to his legal successors because of his death).
 The laws dealing with inheritance in India are not

uniform. Diversity of laws are involved and their
application depends on multiple factors like the religion
of the tribe or the domicile of the parties; communities or
sects in the communities to which they belong, marital
status of the parties, and also the religion of the spouse.
 Succession can be classified into Intestate succession

and Testamentary succession.
SUCCESSION FOR MUSLIMS
 The Indian Succession Act, 1925 does not apply in both

testamentary or intestate succession of Muslims.
 The Muslim law is governed by its own law own known as the
Shariyat. The Muslim law does not recognize the concept of
separate property.
 The Muslim Personal Law (Shariat) Application Act, 1937 is

applicable for intestate succession.
 The Muslim law for succession constitutes as follows:
1) The Quran,
2) The Ijma,
3) The Sunna,
4) The Qiya,
LEGACY
 DEFINITION OF LEGACY:-
Legacy, also called Bequest, in law, generally a gift of property by will or testament.
The term is used to denote the disposition of either personal or real property in the
event of death.
 WHAT IS A LEGACY?
• A gift under a will is a legacy.

• A legacy may be generator specific.
 In Islamic law, a Will executed by a Muslim is known as ‘Wasiyat’. The person

who executes the Will is called ‘legator’ or ‘testator’ and the person in whose
favour the Will is made is known as ‘legatee’ or ‘testatrix’.
 A very famous Muslim scholar ‘Ameer Ali’ defined a Will from the point of view of
Mussalman as a divine institution because its exercise is regulated by the Holy
Quran.
SPECIFIC
LEGACY
DEMONSTRATIVE
LEGACY
GENERAL
LEGACY
TYPES OF
LEGACIES
GENERAL LEGACY:
A general legacy is one which does not relate to any individual thing, or sum of
money, as distinguished from other things of the same kind, or other moneys.
SPECIFIC LEGACY :
(1) If testator bequeaths to any person a specified part of his property as

distinguished from all other properties, the legacy is specific (Section. 142)
E.g.: (i) A bequeaths properties to B mentioning :
(a) My diamond ring given to me by C
(b) (b) The golden chain I am wearing
DEMONSTRATIVE LEGACIES :
Where a testator bequeaths a certain sum of money or a certain quantity in any
other commodity and refers to a .particular fund or stock so as to constitute the
same, the primary fund or stock, of which payment is to be made, the legacy is
demonstrative.
(i) A bequeaths to B Rs. 1000 due from W to A. He also bequeaths to Rs, 5000 to
be paid from the various amounts due from '0'. Legacy to B is specific whereas to C
it is demonstrative.
ABATEMENT OF LEGACIES
o A Muslim testator can make a will of only one-third of his property without
the consent of his or her heirs.
o If the bequest is in excess, and the heirs refuse to give their consent, the
totality of the will does not become operative or invalid but abates rateably
and is valid to the extent of one-third of the property, as has been stated in
the Hedaya.
 Damodar Kashinath Rasane v Shahzadi
o THE RULE OF ABATEMENT IS DIFFERENT IN SUNNI LAW AND IN SHIA

LAW:-
 Rule of Rateable Proportion’
 Rule of Chronological Priority.
ADEMPTION OF LEGACIES
If anything which has been specifically bequeathed does not belong to the
testator at the time of his death, or has been converted into property of a
different kind, the legacy is adeemed; that is, it cannot take effect by reason
of the subject-matter having been withdrawn from the operation of the will.
DOCTRINE OF LAPSE
If the legatee does not survive the testator, the legacy cannot take effect but
shall lapse and form part of the residue of the testator's property. In order to
entitle the representatives of the legatee to receive the legacy, it must be proved
that he survived the testator.
A bequest, however, does not lapse when the dying legatee is the testator's child
or other lineal descendant and leaves a lineal descendant living at the testator's
death, nor when the legatee is a trustee for another.
Sunni Law Shia Law
A bequest to a child in womb is valid if born It is valid even if born in the longest
within 6 months. period of gestation i.e. 10 months.
Rateable abatement of legacy applies. Rule of chronological priority applies.
Heir's consent should be given after the Heir's consent may be given before or
death of testator. after the death of testator.
Acceptance of the legacy before the Acceptance of the legacy during the
testator’s death is of no effect. testator’s life time is lawful.
CONCLUSION
India is a country with diverse religions and our
constitution has given equal rights to all religions.
But to keep pace with the multiplicity of succession laws

can be quite confusing and tedious for the common man as
well as law enforcers.
Like every citizen of India, irrespective of religion, caste,

and culture are given equal recognition in the fundamental
rights, similarly, if a uniform code of succession laws
across all religions is followed throughout the country, it
would facilitate the understanding and enforcement of
laws for the common man as well as law enforcers.
THANK YOU!

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LEGACIES UNDER

INDIAN SUCCESSION ACT,1925

 The law of succession is the law governing the devolution

 The laws dealing with inheritance in India are not

 Succession can be classified into Intestate succession

 The Indian Succession Act, 1925 does not apply in both

 The Muslim Personal Law (Shariat) Application Act, 1937 is

 The Muslim law for succession constitutes as follows:

• A gift under a will is a legacy.

 In Islamic law, a Will executed by a Muslim is known as ‘Wasiyat’. The person

(1) If testator bequeaths to any person a specified part of his property as

 Damodar Kashinath Rasane v Shahzadi

o THE RULE OF ABATEMENT IS DIFFERENT IN SUNNI LAW AND IN SHIA

Sunni Law Shia Law

Rateable abatement of legacy applies. Rule of chronological priority applies.

But to keep pace with the multiplicity of succession laws

Like every citizen of India, irrespective of religion, caste,

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