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Sunni Muslims comprise the vast majority of Muslims in India — roughly 85 percent by population. They follow the Hanafi school of jurisprudence (Fiqh) in most matters, though a small minority follow the Shafi'i, Maliki, or Hanbali schools.
Muslim personal law applies to Muslims by default under Section 2 of the Shariat Act 1937. A Muslim who wishes to be governed by the Indian Succession Act must make an express declaration under Section 3 of the Shariat Act — a step rarely taken in practice.
For Wasiyat purposes, Sunni rules apply to Sunni Muslims. Shia Muslims follow separate rules (covered in our companion blog).
The foundational rule of Sunni Wasiyat is that the testator can Will no more than one-third of the net estate. The remaining two-thirds must devolve on Quranic heirs (fara'id) in fixed shares.
'Net estate' means the estate after funeral expenses, outstanding debts, and any specific legacies to non-heirs within the one-third limit. It is what remains available for distribution.
This rule is derived from a Hadith reported by Sa'd ibn Abi Waqqas: when he asked the Prophet whether he could bequeath more than half of his wealth, the Prophet said no, and even a third is 'much' — because leaving heirs well-off is better than leaving them dependent on charity.
A Wasiyat that exceeds one-third of the estate is not automatically void. It becomes effective as to the excess only with the consent of the affected Quranic heirs, given after the testator's death.
Consent given during the testator's lifetime is not binding on the heirs. The heirs must ratify the excess Wasiyat after death, when they have become the actual owners of their entitlement.
Practical implication: a Sunni testator can Will up to 100 percent of the estate to a chosen beneficiary, but the portion above one-third is enforceable only if all affected heirs agree. This is uncommon in practice — most heirs prefer their Quranic share to a discretionary consent.
A Wasiyat in favour of a person who is also a Quranic heir is void unless the other Quranic heirs consent. This is because it would upset the Quranic distribution scheme — a favoured heir would get their fixed share plus the bequeathed portion.
For example, a Sunni father cannot Will an extra share to a daughter who is already a Quranic heir. He can, however, make substantial gifts (hiba) during his lifetime — those are inter vivos transfers and operate outside the Wasiyat framework.
A Wasiyat to a non-heir (grandchild through pre-deceased son, a friend, a charity) is fully within the one-third limit and requires no consent.
The remaining two-thirds (or all of the estate if there is no Wasiyat) is distributed in Quranic shares. Key shares under Sunni Hanafi rules:
Wife: 1/8 if there are children, 1/4 if there are no children. Multiple wives share this equally.
Husband: 1/4 if there are children, 1/2 if there are no children.
Daughter: 1/2 if she is the only child, 2/3 shared equally if there are two or more daughters and no son.
Son: takes the residue after fixed shares. If a son and daughter co-exist, the son takes twice the daughter's share.
Mother: 1/6 with children, 1/3 without children.
Father: 1/6, plus residue if any.
A Sunni Muslim Wasiyat should identify the testator with father's name, specify the one-third amount available, direct that specific bequests be paid first from the one-third, and confirm that residual property devolves per Sunni rules of intestacy.
Common Wasiyat uses: bequests to grandchildren through a pre-deceased son (who otherwise would inherit nothing), bequests to a widowed daughter-in-law, charitable donations to mosques or educational institutions, or a specific allocation to a favoured Quranic heir subject to the other heirs' consent.
The Wasiyat must be made when the testator is of sound mind and free from coercion. Formal witnessing is not strictly required under Muslim law (oral Wasiyat is valid), but a written and witnessed Wasiyat is strongly recommended for evidentiary purposes.
This is general legal information, not legal advice. For your specific situation, consult a Law Tarazoo advocate.
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