What are the rules around wills as a Muslim marrying a non-Muslim? | Mint

I am a Sunni Muslim woman who is married to a non-Muslim man in India. We have maintained both of our religious identities after marriage. We do not have a will and want to make one now, but I have been told that as a Muslim, I can only make a limited will. Please guide us. – Name is withheld on request in India, Muslims are controlled by personal legislation in matters regarding the making of wills and follow -up. Under the Muslim personal legislation, there are restrictions on the part of the estate that can be bequeathed among the will and the qualifying beneficiaries. Muslims may not bequeath more than one -third of their estate. According to Muslim law, the remaining two-thirds of the estate is inherited by legal heirs. The bequest cannot be made to an heir under the will. However, after the death of the testator, heirs can agree to a bequest of more than one -third of the estate. These rules apply to men and women. While you are sunni, the rules for Shias are broadly the same, with some nuances, as on the timing of the consent of heirs. Individuals of other religions in India are controlled by the provisions of the Indian Follow -up Act, 1925 (ISA) in matters regarding the making of wills, and are allowed to bequeath their entire estate. The situation is different for Muslims whose marriage was celebrated and registered under the Special Marriage Act, 1954 (SMA) and not according to Islamic rituals. For such individuals, ISA and not Muslim law apply to wills and other follow -up related matters. As you entered into an Interfaith marriage with a non-Muslim, it is assumed that your marriage was celebrated under the SMA. If so, you are controlled by the ISA law when it comes to making a will. As a result, according to the ISA, you can make a will for your entire estate, without you needing heirs to give permission. Your non-Muslim spouse will also be able to make a will for his entire estate as his position would not change due to marriage. Generally, it is recommended that you engage a qualified advocate to ensure that a comprehensive, legally healthy and customary will be prepared. Note that certain states such as Uttarakhand and Goa have specific follow -up laws. You need to get advice if you live or live in such countries. Shaiskavi Kadakia is a partner and Naomi Manoj is a co -worker at Cyril Amarchand Mangaldas, Mumbai.