Muslim succession law was established fourteen centuries ago. Many countries have included inheritance in Islamic personal law for Muslims. You should note a few remarkable reforms or changes below in the fundamental distributions of property distributions due to ongoing socio-political situations. These are the key to your estate planning objective. Wassiyyah offers solutions to meet your compliance in this and many other situations of forced heirship without compromising legal laws.
INDIA
GOVA: This is the only state where the common law is applicable instead of Muslim Personal Law (Shariat). Hindus, Muslims, and Christians in Goa are all subject to the same marriage, divorce, and succession laws.
WEST BENGAL, CHENNAI, BOMBAY, OR MUMBAI: In cases where the subject matter of property is immovable in these states, the Muslims shall be bound by the Indian Succession Act of 1925. This exception is only for testamentary succession.
MUSLIM LAW APPLICABILITY: In Non-testamentary succession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, in the case of a person who dies estate, i.e., one who has created his will before death, the inheritance is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis.
MARRIAGE: When a Muslim enters into a marriage under the Special Marriage Act 1954, they relinquish their Muslim status regarding inheritance. Consequently, following the demise of such an individual, their properties are not distributed according to the Muslim inheritance law. Instead, the disposition of these properties falls under the regulations outlined in the Indian Succession Act, 1925, with the Muslim inheritance law no longer being relevant.
TUNISIA
Tunisia's domestic law code is undergoing debate to make males and females share equality. This principle still informs Tunisia’s domestic law on the matter. Tunisians who want to allocate their inheritance equally must arrange transfers before they die.
UNITED STATES
LOUISIANA: This is the only state where the forced heirship is applicable, under which the children of the decedent who have not reached their 24th birthday or who are mentally or physically disabled are forced heirs whose share of inheritance is governed under Louisiana state law. This law extends to descendants of the first degree predeceases the decedent in the same manner.
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