2 articles tagged with Muslim Personal Law. Latest first.
Dismissing a wife's criminal revision seeking higher maintenance, the Allahabad High Court held that enhancement requires fresh evidence and must be pursued before the trial court, not in revision.
A Muslim will (wasiyat) in India is governed by the personal law of the testator, saved by Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 and excluded from the bulk of the Indian Succession Act, 1925 by Section 58 of that Act. Two doctrinal limits — both rooted in the Quran and the Sunnah — operate together. A Muslim cannot dispose of more than one-third of the net estate (after funeral expenses, debts and dower) by will without the consent of the heirs. A bequest to a Quranic heir is invalid (under Hanafi doctrine) without the consent of the other heirs given after the testator's death. The two rules together preserve the prescribed Quranic shares of the heirs and prevent the testator from rewriting the rules of succession in disguise. The Privy Council in Abdul Cadur v Turner , (1884) ILR 9 Bom 158 settled the operation of the one-third cap on competent legatees; Husaini Begam v Muhammad Mehdi , (1927) 49 All 547 worked out the consent rules under Hanafi doctrine and the Shia variation; Abdul Manan Khan v Mirtuza Khan , AIR 1991 Pat 154 confirmed that consent may be inferred from conduct such as attestation of the will by the heirs or their taking possession of the bequeathed property. This guide traces the wasiyat end-to-end — capacity, the one-third cap, the consent rules, the formal requirements, revocation, and proof.
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