Islamic Will (Wasiyyat): Faraid, Indian Law & How to Create One
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In India, faraid inheritance shares apply to every Muslim's intestate estate by default under the Muslim Personal Law (Shariat) Application Act 1937. A wasiyyat does not change those shares; it handles what faraid leaves open: the one-third you may direct to charity or non-heirs, guardianship wishes for minor children, and the documentation that prevents family disputes. This guide covers the Quranic shares, what a valid will requires in India, and how succession works in practice.
Quick Answer
In India, faraid (Quranic inheritance shares) applies to a Muslim's intestate estate automatically under the Muslim Personal Law (Shariat) Application Act 1937. A wasiyyat (Islamic will) can direct up to one-third of the net estate to charity or non-heirs, record guardianship wishes, and document assets, but it cannot change heirs' fixed shares. A written, signed will is the practical standard; wills are exempt from stamp duty and registration is optional but strengthens the document.
Key Takeaways
- Faraid applies by default to Indian Muslims; heirs' fixed shares are enforced under personal law
- The wasiyyat covers at most one-third of the net estate, for charity or non-heirs only
- Bequests to existing heirs or beyond one-third need the other heirs' consent after death
- A written, signed will is the practical standard; stamp duty does not apply and registration is optional
- Heirs collect assets via court-issued succession certificates or legal heir certificates from revenue offices
- Yellow offers India's one documented will service with Muslim personal law support (INR 2,499 to INR 5,999 standard tiers)
Faraid Inheritance Shares
These are the primary Quranic shares (from Surah An-Nisa 4:11-12). Actual distribution depends on which heirs survive the deceased. When multiple categories are present, the calculation becomes complex, and Indian courts and lawyers work from the full faraid rules rather than summaries.
| Heir | Condition | Share |
|---|---|---|
| Husband | Wife has no children | 1/2 |
| Husband | Wife has children | 1/4 |
| Wife | Husband has no children | 1/4 |
| Wife | Husband has children | 1/8 |
| Son | With other heirs | Residuary (asaba) |
| Daughter | No son, one daughter | 1/2 |
| Daughter | No son, two+ daughters | 2/3 (shared) |
| Father | Deceased has children | 1/6 |
| Mother | Deceased has children | 1/6 |
| Mother | No children, no 2+ siblings | 1/3 |
How to Create an Islamic Will
Inventory your assets
List property (with mutation status), bank accounts, shares and funds, business interests, vehicles, gold, and debts owed to and by you. Most inheritance disputes in India are disputes about what existed.
Identify your legal heirs
Faraid-eligible heirs are your spouse, children, parents, and in some cases siblings. Their fixed shares apply by default under the Muslim Personal Law (Shariat) Application Act 1937; your will does not change them.
Decide your one-third wasiyyat
You may direct up to one-third of your net estate to charity or to people who are not already heirs. Bequests beyond one-third, or to existing heirs, need the other heirs' consent after death.
Record guardianship and administration wishes
State who should care for minor children and who should administer your affairs. The court decides finally, but written wishes carry weight.
Execute the will properly
Put it in writing and sign it, ideally in the presence of two adult witnesses who also sign. Wills are exempt from stamp duty in India; registration with the sub-registrar is optional but strengthens the document against challenges.
Review with a lawyer and keep it findable
Have a lawyer confirm the one-third limit and execution are correctly handled (Yellow's lawyer-drafted Custom Will covers Muslim personal law), then tell your family where the will and asset documents are kept. Review after marriages, births, deaths, and major purchases.
Learn More About Inheritance in India
Our estate planning hub covers faraid in depth, succession certificates, hiba (lifetime gifts), and when to engage a lawyer.
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Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-08-03
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