Muslim Law Mains Question Answer Series Part 9: Important Questions for modules such as Muslim Law of Gifts and Wills
The Muslim Law Mains Question Answer Series Part 9, includes a comprehensive set of questions for Muslim Law, including modules such as Muslim Law of Gifts and Wills. Muslim law, also known as Islamic law, is believed to have originated from the divine, as opposed to man-made rules enacted by legislators and controlled by the principles of current… Read More »
The Muslim Law Mains Question Answer Series Part 9, includes a comprehensive set of questions for Muslim Law, including modules such as Muslim Law of Gifts and Wills.
Muslim law, also known as Islamic law, is believed to have originated from the divine, as opposed to man-made rules enacted by legislators and controlled by the principles of current legal systems. Islam denotes surrender to God’s will and includes the concepts of peace, purity, salvation, and obedience. Muslims believe that Allah is the sole god.
With our amazing up-to-date notes and case laws, Legal Bites provides you with the best study material on this subject. The course is broken down into 10 modules to give readers a thorough understanding of Muslim law. The posts were created with the goal of providing students with an in-depth understanding of every subject of Muslim law.
Students will have an advantage while competing in national-level competitions and exams thanks to the well-researched random articles and the 10-part series of important questions near the end of the course. For aspiring lawyers, our study materials offer the secret to success.
Muslim Law Mains Question Series Part IX
C, a Muslim executed a deed of gift of a house in favour of D. At the time of the gift, the house was in possession of A who claimed it adversely to C. D sues A to recover possession of the house as donee of the property and joins C also as defendant. C in his written statement admits the claim of D. A contends that the gift is void since. C had no possession of the house at the date of gift and no possession was ever given to D. [DJS 1990]
A gift of a house was made by donor ‘X’ to done ‘Y’ without delivering the title deeds; no mutation of name was effected and the donor continued to pay the house-tax. Comment whether gift is valid. [DJS 1991]
Rehman is suffering from Blood Cancer and is bedridden. When he comes to know of it he makes a gift of all of his property in favour of his wife, 6 months later he dies. His legal heir challenges the gift (Hiba), Will they succeed? Discuss. [DJS 1996]
What is a limited estate? Does Muslim law recognise the transfer of limited estate? Refer to decide cases. [UPJS 1991]
‘A’ has wife ‘B’, an unmarried daughter ‘C’ and a son ‘D’. ‘A’ makes a gift of his entire property to his son ‘D’. Is the gift valid? What steps must be taken to protect the right of maintenance of ‘B’ and ‘C’ against the gift? Explain. [UPJS 2015]
Define Wasiyat and the limit up to which a Muslim can bequeath his property. Discuss the requisites of a valid Wasiyat. [BJS 2017]
X makes a Wasiyat in favour of Y, and heir without the consent of other heirs. X dies and other heirs do not consent to the bequest after the death of X. decide the validity of Wasiyat made by X in favour of Y. [BJS 2017]
Discuss the Muslim Law relating to Will with reference to the following matters:
- Capacity to make a Will.
- Formalities for making a Will.
- Subject-matter of a Will.
- Bequeathable portion of the estate.
- Who can be a legatee?
- Bequest to heirs.
What is the limit of the testamentary power under Sunni and Shia law respectively? [BJS 1975]
A testator bequeaths 1/3 of the estate to A, ¼ to B,1/5 to C and the heirs refuse to confirm the bequests. Ascertain the shares of each legatee under Sunni law. [BJS 1978]
‘In Islam power of making Wills was grudgingly conceded’. Comment on the above statement and fully discuss the Juristic (legal) basis of Will’ under Mohammedan Law. [BJS 1978]
Discuss briefly the limitations upon the testamentary powers of a Muslim. [BJS 1980]
Examine the validity of a Will made by a Muslim after he has taken poison or done any act towards the commission of suicide. What is the difference between Sunni and Shia law on the subject? Explain the reason for such divergence in their views. [BJS 1980]
Explain the distinction between the Sunni and Shia Law of Wills. Discuss the limitations, if any, upon the testamentary powers of a Muslim. [BJS 1984]
Explain fully the formalities of a ‘Will’. Can a will once made be revoked? If so, under which circumstances? [BJS 1986]
Write notes on any two of the following: [BJS 2014]
- Basic requirements of a Will.
- Bequeathable third.
- Maraz-ul-muat (Mard al-maut).
P, a Muslim has a son S, a wife W and a grandson G from a predeceased so D.P make a will of his whole property in favour of G. Decide the validity of this bequest. [HJS 1988]
Define ‘Will’ and explain the principles of abatement of legacies. [HJS 1999]
‘A’ dies leaving a Will in which he has left a legacy of Rs. 10,000/- to B. The Will is in the handwriting of A, but not signed by him, nor are there any witnesses attesting to the will. The heirs of ‘A’ challenged the Will. Can they succeed? [HJS 1999]
Who can claim Haq-Sufa (pre-emption) and what are the formalities to claim right to pre-emption? State the legal devices for evading right of pre-emption. [HJS 2001]
A Muslim made a Will of his properties in favour of his two friends ‘Y’ and ‘Z’ , by stipulating that the former would get 1 /2 and the latter 1/4 of his property. His heirs did not approve of the Will. Determine the respective shares to which each would be entitled under Sunni law and Shia law. [HJS 2007]
Analyse the concept of Will in Islam and explain clearly the requirements of a valid Wasiyat and the means by which a Wasiyat can be revoked. Highlight the exceptions to the one-third rule of testamentary disposition of property among Muslims. Also, reveal the difference between the Shias and Sunni with respect to the Law of Wills. [HJS 2013]
Can Sunni Muslims make a Will in favour of an heir? [RJS 1988]
A, a sunni, bequeaths one-third of his estate to B, one-fourth to C and one-fifth to D, A’s heirs refuse their consent to the bequest. How will this refusal affect the rights accruing to B, C and D from the bequest? Would it makes any difference if the family had been governed by the Shia Law? [DJS 1989]
Mahmood has hot property worth Rs. 10 lacs. He has to pay Rs. One lac to his creditor and Rs. 50,000/- to his wife as dower. He bequeaths his entire property by will in favour of his son. Mahmood dies without discharging his debt. Whether the son eill succeed on Wasiyat? Discuss. [DJS 1996]
‘k’ a Muslim dies leaving a son ‘B’, widow ‘X’ and a grandson ‘Y’ by a pre-deceased son.
‘K’ by his “Will” bequeathed 1/3 of the estate to ‘B’ and ‘Y’. ‘X’ does not consent to the bequest in favour of ‘Y’. Is this bequest in favour of ‘Y’? Is this bequest valid? [UPJS 2006]
Distinguish between Public Waqf and Private Waqf. [UPJS 2018]