Shar‘i Ruling on Invalid Will and Estate Division of Muhammad Ali

Shar‘i Ruling on Will and Distribution of Property​

Source: Fatawa Rashidiyyah, Page 635

Question​

A man named Muhammad Ali Sanjrani wrote a will during his lifetime. In that will, he declared that his only children were his two daughters, Hakiman and Malkan, and that he had no other offspring. He stated that after his death, all of his property should go solely to these two daughters.


When Muhammad Ali passed away, his heirs were:


◈ Two daughters (Hakiman and Malkan)
◈ One wife (Siyani)
◈ One nephew (Wali Muhammad)


The question is: according to the Shari‘ah, is this document a valid will (wasiyyah) or a gift (hibah)? And how should the estate be distributed?

Answer​

Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!


In this case, the declaration of Muhammad Ali in favor of his daughters is invalid as a wasiyyah, because:

• His daughters are legal heirs by Shar‘i law.
• The principle in Hadith is:

((لا وصية لوارث))
“There is no wasiyyah (will) in favor of an heir.”


Thus, this will holds no Shar‘i validity.

Correct Distribution of Estate​

After deducting:
① Funeral expenses,
② Outstanding debts,
③ Any valid wasiyyah (up to one-third, but here invalid for daughters),


the remaining estate will be distributed as follows:

• Wife (Siyani): 2 annas (⅛ = 12.5%)
• Two daughters (Hakiman & Malkan): 10 annas 8 paisa (⅔ = 66.66%) jointly
• Nephew (Wali Muhammad): 3 annas 4 paisa (≈20.84%) as residuary (عصبہ)

Modern Decimal Calculation (Total = 100)​

• Wife: 12.5%
• Daughters (2/3): 66.66% → 33.33% each
• Nephew (residuary): 20.84%

Conclusion​

• The will in favor of the daughters is invalid since they are already heirs.
• The estate is divided Shar‘an: wife 12.5%, daughters two-thirds jointly, nephew the remainder (≈20.84%).

ھذا ما عندی، واللہ أعلم بالصواب