What are the Formalities required for making a Will under Muslim Law?
Thus, a letter written by a Muslim shortly before his death, containing directions for the disposition of his property was accepted to constitute a valid will. The name of the document is immaterial; whatever name may be given to it.
If it possesses the substantial character of a will, then it will be treated as a will. But a document with the following words, “I have no son and I have adopted my nephew to succeed to my property and title”, was held not to constitute a will.
When a will is oral, no form of declaration is necessary. Obviously, the burden of establishing an oral will is very heavy, and an oral will must be proved with utmost precision and with every circumstance of time and place.
It has been observed, “He, who rests his title on so uncertain a foundation as the spoken words of a man, since deceased, is bound to allege, as well as prove, with utmost precision the words on which he relies, with every circumstance of time and place”.
Under Muslim law, a will may be made by gestures. The Fatwai alamgiri says, “A sick man makes a bequest, and being unable to speak from weakness gives a nod with his head, and it is known that he comprehends what he is about—if his meaning be understood and if he dies without regaining power of speech, the bequest is lawful”.