A Mahommedan Can’t Execute Will for More Than 1/3rd Share of His Property Without Consent of All the Legal Heirs:

The Chhattisgarh High Court has recently held that a Mahommedan cannot by Will dispose of more than a third of his estate, after payment of funeral expense.

The principles laid down with regard to bequeathing of property of a Mohammedan would clearly go to show that a Mohammedan cannot bequeath more than one third of his property and even with regard to that one third he cannot bequeath it to his heirs. If the bequest is to an heir it can be validated by the consent of all the heirs after the death of the testator. It is also clear that bequest in excess of one third of estate cannot take effect unless such bequest is consented by heirs after the death of the testator. In the present case, no consent from the other residuaries in absence of sharers has been obtained, therefore, the Will has not been executed as per the procedure provided under the Mahomedan Law.