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Regarding Gift, Wasiyat And Wirasat
Q1: Can a gift deed be made for more than 1/3 and that too to an heir.
Q2: Although Ghamidi sahab has many videos where he says wasiyat/will can be made in the name of a heir, on basis special conditions rather the relation for ex need, gratitude, compassion. However, many legal sources referred by courts such as DF Mulla, and the codified Laws active in Pakistan, all suggest 1/3 is the maximum bequethable. My question is, What to do now? Make a will of 1/3 or all of it, with the consent Of all heirs.
Q3: If a women had 3 sons. But before she passes away, 1 of her son is deceased and survived by his widow and one son. So my question is, when the women passes away, who will be the legal heirs who can claim for the inheritance as the succession according to Sunni laws open after a person is deceased. What I mean to ask, if her son passed away before his mother, then would that grandson be entitled to shariah-wirasat on basis that his father would (had he been alive) be also entitled to it. Her husband is also deceased.
Q4: if the majority view is passively accepted, of 1/3 upper limit for wasiyat, then can it be justified if a gift deed is made for 1/3, wasiyat for another 1/3 and remaining left for wirasat as mentioned in Surah Nas.
Thank you.
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3 Replies
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Regarding Gift, Wasiyat And Wirasat
updated 2 years, 10 months ago
2 Members
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3
Replies
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According to Ghamidi saheb there is no restriction on will. If the case doesn’t go to the court one can settle it according to one’s own will.
The grandchildren will receive the share of their deceased parent as they are too the children of their grandparents but receive the share of their parents.
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AAnswer for Q1 and Q4 please.
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you can get answer to 1 and 4 from the given answer. Since no restriction is prescribed on will, you are free to make your will.
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