What are the qualifications of the testator and the lagetee?

What are qualification of testator and legatee?

A testator must have following qualifications for making a valid will. All the qualifications of the testator are stated as follows:-

(i) Must be a Muslim;

(ii) Must be a major;

(iii) Must be a sound mind;

(iv) Must not be insolvent; etc.

(i) A Muslim: A person who makes a valid will must be a Muslim. Otherwise he will not be able to make any valid will. A Muslim male or female cannot make a valid will to a non-muslim. So the testator must be a Muslim one according to Muslim law.

(ii) A Major: A person who makes a valid will must be a Major according to Majority Act, 1875. A minor cannot make a valid contract or will or other legal acts according to law. So the testator must be major one which means the testator must be at least 18 years old. Otherwise he will not be able to make a valid will. However, if a minor makes a will or contract, such contract or will be void.

(iii) A Sound mind: A person who makes a valid will must be a Sound mind. The testator must express his willingness. Otherwise a will may not be able to take legal effect.

(iv) Insolvent: A person who makes a valid will must not be an Insolvent. If a insolvent person makes a will such will may not take any legal effects according to law and all the property of the insolvent person will be crook by the government.

Besides, if a Muslim person is condemned to death is also entitled to make a valid will. But will becomes effective after final declaration of sentenced to death by the competent court.

If a person make a will and then takes poison, such will must be valid not vice versa.

Qualifications of the legatee:

A testator must have following qualifications for accepting a valid will. All the qualifications of the legatee are stated as follows:-

(i) Must not be a state enemy;

(ii) Must be in existence;

(iii) Must not be heir;

(i) Must not be a state enemy: A testator may make valid will to any person whether Muslim, Non Muslim, Government or Religion institutions etc. But a Muslim may not make a valid will to a state enemy. If a Muslim makes a will to a state enemy such will must be void. So, a state enemy is not entitled to receive or accept a proposal of will.

(ii) Must be in existence: A testator may make a will to a person who is existence during the life time of the testator. So, the legatee must be alive during the creation of the will. If a will made in favour of a death person such will must be void. So, the existence of the legatee is must.

(iii) Must not be heir: A Muslim may not make a will to his legal heirs, though the portion of the will is under one third (1/3) of his net property there is bar on such matter. But, such will may be take effects if other heirs give consent to the will. It is depended on the option of the other heirs.

Written With The Help Of Refference Book:

1. Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

2. Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

3. MUSLIM LAW (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

4. Text Book On ISLAMIC LAW

[Including Statutory Family Laws]

Reprint: May 2009(1^st Edition)

Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh).