Can a Muslim make a will for more than 1/3 of their estate?

What the Law Says

Muslim personal law in India — derived from classical Islamic jurisprudence and upheld by courts — strictly limits testamentary disposition. The limit is rooted in Sharia principles and consistently applied by Indian courts in matters of succession.

Under uncodified Muslim personal law applicable in India, a Muslim testator may dispose of by will only one-third of their 'net estate' — i.e., the property remaining after payment of funeral expenses, debts, and legacies charged on the estate.

This one-third cap ensures that the法定 (shar’i) shares of法定 heirs — such as children, parents, and spouses — are preserved. Any bequest exceeding one-third is void unless all adult heirs expressly consent to it — and crucially, such consent must be given *after* the testator’s death.

The rule applies regardless of whether the will is written or oral, and irrespective of the nature of the property (movable or immovable). Minor heirs’ consent must be given through a legal guardian and approved by a court.

Statutory Text

A Muslim cannot bequeath more than one-third of his net estate by will, unless the heirs consent thereto after his death.

— Principles of Mohammedan Law — Mulla, 21st Ed., p. 467 (authoritative commentary, cited judicially)

What Courts Have Said

Indian courts have repeatedly affirmed the 1/3 rule as a cornerstone of Muslim testamentary law, treating it as a mandatory restriction grounded in religious injunction and public policy.

What to Do

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