Muslim man cannot will his entire property without the consent of all legal heirs

Muslim man cannot will his entire property without the consent of all legal heirs

Sulaxani Vs Sattar Ali

Chhattisgarh HC

02/05/2022

SA No. 474/2007

About/from the judgment:

The High Court ruled that a Mohammedan can’t by Will dispose of more than a third of his estate after paying for the funeral and settling the debts.

The Court remarked that the below-mentioned conditions should be filled up so that a valid will would be executed by Mahomedan.

-> A bequest might be executed by any Muslim to another, including the class of people and institution.
-> The person entitled to take or make a Will should have the capacity to take or make a Will.
-> A bequest has to be made of a subject.
-> All formalities of making the Will should be fulfilled.
-> Only one-third of the property can be bequeathed.
-> A bequest to the heirs should be restricted.
-> Future bequests are void and so is conditional contingent.

These observations are made in a second appeal, wherein appellants had moved against the judgement and decree which was passed by the District Judge, Korea declared that the respondent is the titleholder of the property.

In this context, the court answered the substantial question of law in favour of the Appellant by recording a finding in favour of the Appellant by recording the finding that a Mahomedan can’t by Will dispose of more than a third of the estate after funeral expenses and payment s and debts.

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