Which of the following statements about bequests under Sunni Muslim law are correct? i. As a general…
Under Sunni Muslim law, a bequest is ordinarily limited to one third of the net estate and a bequest to an heir needs the other heirs' consent. The disposable third can…
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Which of the following statements about bequests under Sunni Muslim law are correct?
i. As a general rule, a Muslim is not allowed to bequeath more than one third of his net estate.
ii. As a general rule, he is not allowed to bequeath anything to his heirs.
iii. He is allowed to bequeath one third with a view to fulfilling his duty in respect of those who have served him and who get nothing.
iv. Both these limitations in i and ii cannot be made nugatory, even if the heirs consent to the disposition made.
Answer and explanation
Correct answer C
Under Sunni Muslim law, a bequest is ordinarily limited to one third of the net estate and a bequest to an heir needs the other heirs' consent. The disposable third can benefit non-heirs who would otherwise receive nothing. These restrictions can be relaxed by the legally effective consent of the affected heirs, making iv false.
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