Prafam Essay

STATUS OF DENTAL WILLS IN ISLAM

Low Doctrinal Exploration

Submitted to

Tamil Nadu National Law School, Trichy

Submitted By simply

V. S. Prasanthi

W. A, M. LB(HONS) SET 2013-18 (REG. NO . BA0130044)

Under the guidance and advice of

Prof. Sanitta Nancy Stephen

Associate Professor of law

Dindigul Main Highway, Navalurkuttappattu,

Srirangam, Tiruchirappalli, Tamil Nadu 620009

0431 269 2000

INTRO

Generally a person starts thinking about executing a will if he develops a sense that he can getting older or is now so ill that fatality is impending. The expression will certainly means the best document that sets forth your would like regarding the syndication of your property and the care of any minimal children.  It can be revoked or improved by the machine of it anytime he is proficient to remove his real estate. It is always required to reduce the can into writing. But this may not be the case with Islamic regulation. Under the Mohamedan law, a will or Wasiyat, needs no approved form. The writing of will is not required to generate a valid will and no particular form is essential. A mohamedan will, nevertheless in writing, do not require being signed; 1 nor, regardless if signed will it require the attestation. a couple of These types of legal documents are called dental wills or perhaps nuncupative legal documents. It is a mental will that must have two witnesses and will deal with the distribution of private property. A nuncupative will certainly is considered a " deathbed" will, which means that it is a safety for people minted with a fatal illness. But what if other functions in the family members do not accept the legal documents declared orally, or what if, when the declared will prior to the two witnesses does not generate the evidence in court? This can be a biggest disadvantage in mouth wills specifically regarding Muslim law. Generally, the oral wills or nuncupative wills are considered to become invalid and most countries it is not acknowledged. But as the Islamic regulation gives the privilege to make an oral affirmation regarding the will certainly, it is essential and...

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