Wills Under Muslim Law: The One-Third Rule Explained

For Muslims in India, a Will (called wasiyat) is governed by Muslim personal law, not the Indian Succession Act's general provisions. The rules differ meaningfully from those for Hindus and Christians.

The one-third rule

A Muslim may bequeath by Will only up to one-third of their net estate (after debts and funeral expenses) to non-heirs, without the consent of the legal heirs. Bequests beyond one-third, or a bequest to an existing heir, generally require the consent of the other heirs after the testator's death.

What the remaining two-thirds does

The remaining estate devolves by the rules of Islamic inheritance (faraid) among the prescribed heirs in their fixed shares. A wasiyat cannot override those fixed shares beyond the one-third limit.

Practical guidance

• Use the one-third freely for a charity, a friend, or a cause close to you.
• To provide extra for a particular heir, plan for the other heirs' consent — or consider lifetime gifts (hiba).
• Sunni and Shia rules differ in detail; take advice for specific cases.

This article is general information, not legal advice. For complex estates or specific cases, consult a qualified professional.