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Understanding Islamic Wills: A Simple Guide to Securing Your Family’s Future

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Creating a will is a crucial task that can greatly benefit your family. In Islamic law, this process has its own special rules and guidelines. Let’s break down what you need to know about making a will under Muslim law in simple terms.

The Importance of Islamic Wills Muslims are strongly encouraged to have a written will. Prophet Muhammad (peace be upon him) said that a Muslim should not sleep two nights without having their will ready. This shows how important estate planning is in Islam.

Basic Rules to Remember

  • You can only give away up to one-third of your property to non-heirs through a will
  • The remaining two-thirds automatically goes to your legal heirs according to Islamic law
  • You cannot make a will in favor of your legal heirs (like children or spouse) since they already have fixed shares
  • The will becomes active only after paying off all your debts and funeral expenses

Who Gets What? Islamic law has detailed rules about how your wealth should be distributed among family members. Here’s a simple breakdown:

  • Spouse gets their fixed share
  • Children receive specified portions
  • Parents get their designated shares
  • If you have no children, your siblings may inherit
  • Male beneficiaries usually inherit double the amount compared to female beneficiaries in the same group.

Making Your Will Valid To make sure your will is properly recognized:

  • Write it down clearly
  • Have two trustworthy witnesses
  • Include all your assets and properties
  • Identify a representative who will execute your instructions
  • Get it properly documented and notarized
  • Review and update it regularly

Common Mistakes to Avoid

  • Don’t wait too long to make your will
  • Don’t try to deprive any legal heir
  • Don’t forget to list all your assets
  • Don’t ignore your debts
  • Don’t make it too complicated

Special Considerations You can use your will to:

  • Give to charity
  • Support adopted children
  • Help relatives who aren’t legal heirs
  • Fund religious or educational causes
  • Create a trust for special needs family members

Final Thoughts Making an Islamic will isn’t just about following religious rules – it’s about being responsible and caring for your family. It prevents conflicts after you’re gone and ensures your wealth is distributed fairly. The peace of mind that comes from knowing you’ve taken care of your loved ones according to Islamic principles is priceless.

Remember, every situation is unique, so it’s wise to consult both religious scholars and legal experts when making your will. This way, you can be sure it follows both Islamic principles and your country’s laws.

Take action today – don’t put off this important task. Your family will thank you for making things clear and easy for them during a difficult time.

Can You Gift Property to Someone Who Isn’t Born Yet? Understanding Section 13 of the Transfer of Property Act

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Have you ever wondered if it’s possible to leave property to a future grandchild or great-grandchild who hasn’t been born yet? It might sound strange, but in some cases, it’s actually possible! This is where Section 13 of the Transfer of Property Act comes into play. Let’s break it down in simple terms.

First, what does “transfer of property” mean? It’s when someone gives their property (like land, a house, or money) to someone else. Usually, this happens between people who are alive. But sometimes, people want to make sure their property goes to future family members, even if those family members aren’t born yet.

Section 13 of the Transfer of Property Act allows for something called a “transfer for the benefit of an unborn person.” This means that you can set aside property for someone who isn’t born yet, but there are some rules to follow.

Here’s how it works:

  1. You can’t directly give property to an unborn person. Instead, you have to give it to someone who’s already alive (let’s call them the “caretaker”) to hold onto until the unborn person is born and grows up.
  2. The unborn person must be born by the time the transfer is supposed to happen. For example, if you want to give property to your future grandchild when they turn 18, they need to be born within 18 years of when you set up the transfer.
  3. The property can’t be kept waiting forever. There’s a rule called the “rule against perpetuity” which says that the transfer must happen within 18 years of a life that’s already in existence when the transfer is set up.
  4. Until the unborn person is born and can take the property, the caretaker looks after it. They might collect rent if it’s a house, or invest the money if it’s cash.
  5. Once the unborn person is born and reaches the age you specified, they get the property.

This law is helpful for people who want to plan for future generations. For example, a grandparent might want to make sure their great-grandchildren have money for college, even if those great-grandchildren aren’t born yet.

But it’s not simple to do. There are lots of legal rules to follow, and it’s easy to make mistakes. That’s why it’s important to talk to a lawyer if you’re thinking about doing something like this.

In the end, Section 13 of the Transfer of Property Act is a way for people to look out for future family members. It’s a bit complicated, but it shows how the law tries to balance the wishes of people today with the rights of people who aren’t born yet.

So, next time someone says you can’t plan for the future, you can tell them about this interesting law that lets people do just that – even for people who aren’t born yet!

WHAT IS CONVEYANCING?

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A legal document is a written instrument that records and formalizes an agreement, obligation, or other legally enforceable act. It is a communication tool in the legal sphere designed to express and enforce rights, responsibilities, or procedures under the law.

Conveyancing is the branch of law which dealt with modes and forms in which the expression of intention to transfer a property must be shown in a deed, so that it takes effect. Conveyancing deals with the modes and manner in which a transfer of property should take place in order that it may serve as an effective and a valid transaction.

The word ‘conveyancing’ may be said to comprise all the transactions by which legal rights are created and legal relations between persons are brought in existence. It is generally that branch of law that governs and is related to the drafting of documents. The science of drafting is conveyancing.

In law, conveyancing is the exchange of legitimate title of the real property starting with one individual then onto the next, or the giving of an encumbrance

Conveyancing also includes conducting thorough searches and investigations to uncover any potential issues or encumbrances associated with the property. This may involve examining property records, conducting local authority searches, and checking for any legal restrictions or disputes that may affect the transaction.

What is the objective?

The object of executing an instrument is to make the terms of transfer, its subjectiveness, its position contain and express the memory of what is written and to provide a permanent proof of the intention of the parties.

It is a vital process that safeguards both parties’ interests and ensures that the transfer of ownership is legally binding.

The process ensures that the buyer acquires a valid title to the property and that the transfer of ownership is legally binding. Conveyancing is a complex process that involves several steps and parties, and it is vital to work with a reputable solicitor and estate agent to ensure that the process runs smoothly.

SALE DEED

A Sale Deed is a legal document describing the transfer of right, title and ownership of property by a seller to a purchaser at a price fully paid or to be paid in instalments at a future date. The entire amount of sale transaction also known as sale consideration is paid at the time of registration of the sale deed.

MORTGAGE DEED

A mortgage deed is a legal document that gives lender an interest in a property when you take out a loan backed by the property. If a borrower does not pay back a loan in accordance with the agreement, the lender can foreclose and take possession of the property or have it auctioned. Basically, a Mortgage Deed is a paperwork you sign that allows the lender to put lien on the property until the loan is paid.

LEASE DEED

When a property is used and enjoyed by the person in possession of it in exchange for a consideration to the actual owner, the property is said to be leased or rented. When a property is given on a lease, it means that the lessee or the tenant can use the property for a definite period of time for which he/she would be required to pay a certain fixed amount of rent. When this period extends to more than a year, a lease deed must be prepared.

GIFT DEED

A gift deed, also known as a deed of gift, is a legal document that transfers ownership of property from one person to another without monetary consideration. It’s a voluntary transfer that can be of real, personal, or intellectual property, such as real estate, vehicles, jewelry, or financial instruments. A gift deed acts as proof of the transfer and ensures that it’s legally binding.

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