deceased person unpaid, and it is this, no doubt, which has prevented
their questioning the deathbed acknowledgment of a debt, even though
there is every reason to believe it to be fictitious. All that has been
done is to prescribe that debts of health should be paid before debts of
sickness, and that debts cannot be acknowledged by a sick man in favour
of an heir.
Administration.
When a Mahommedan dies, the funeral expenses and the creditors must
first be paid; then the legatees, then the claims of the sharers, and,
lastly, those of the residuaries; or, if there are neither sharers nor
residuaries, those of the (so-called) distant kindred. The
administration of the estate need present no difficulties if there are
no disputes, and if there is some one empowered to take possession of
the property, to get in the debts, to satisfy the creditors, and
distribute the assets amongst the various claimants; and such a person
may be appointed by a Mahommedan in his will, who will perform these
duties. He is called a _wasi_, and he is in a position very similar to
an executor under English law. But if there is no _wasi_, even if there
are no disputes, there may be a good deal of trouble. It would have been
in accordance with the spirit of Mahommedan law, and with general
principles of equity, if an officer of the courts established under
British rule had been regularly empowered to take possession of the
property, and to take such measures as were necessary to ensure all the
claimants being satisfied in their proper order. But this view of their
powers has not been taken by the courts in India; recently, however,
they have been enabled by legislation to grant the power of
administering the estate to a single person.
Fictitious relationships.
Public-domain text, read in full here on John Shaqi.
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