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Know the rules on wills when a Muslim marries a non-Muslim

Mint New Delhi

|

May 22, 2025

I am a Sunni Muslim woman married to a non-Muslim man in India. We have both maintained our religious identities after marriage. We have not made a will and wish to make one now, but I have been informed that as a Muslim, I can only make a limited will. Please guide us.

- Shaishavi Kadakia & Naomi Manoj

—Name withheld on request

In India, Muslims are governed by personal law in matters relating to making of wills and succession. Under Muslim personal law, there are restrictions on the share of the estate that can be bequeathed under the will, and the eligible beneficiaries. Muslims are not permitted to bequeath more than one-third of their estate by way of a will. The remaining two-thirds of the estate is inherited by legal heirs as per Muslim law.

Also, the bequest cannot be made to an heir under the will. However, heirs may consent, after the death of the testator, to a bequest of more than one-third of the estate.

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