HC: Muslim wills can’t give more than one-third without heirs’ approval

Bilaspur | Correspondent: The Chhattisgarh High Court, in a landmark judgment on Muslim inheritance and will laws, has clarified that under Muslim Personal Law, no person can bequeath more than one-third (1/3) of their total property. The court explicitly stated that if a person wishes to bequeath more than one-third of their property to someone, it is mandatory to obtain the explicit consent of the other legal heirs after their death.

Without the consent of the heirs, such a will will not be considered legally valid.

This decision came during the hearing of an old property dispute from Korba district. The case involved the property of the deceased Abdul Sattar Lodhia. After his death, his nephew, Mohammad Sikandar, presented a will claiming that Abdul Sattar had bequeathed the entire property to him.

The nephew claimed that he had been raised like a son, and therefore, he was entitled to the property. Lower courts had also initially ruled in favor of the nephew. However, the deceased's widow, Zaibun Nisha, challenged this in the High Court. She argued that the will was fraudulent and that the entire property could not be given to someone else without her consent.

The High Court, overturning the lower court judgments, stated that the rules under Articles 117 and 118 of Muslim law are mandatory. The court clarified that the widow is a legal heir and her rights cannot be ignored.

The judge, in his judgment, stated that the burden of proof lies with the beneficiary of the will to demonstrate whether the other heirs had given their consent.

The court also clarified that mere silence or possession of documents does not constitute 'consent'. This judgment now makes it clear that regardless of whether the will is in the name of an heir or an outsider, if it exceeds the prescribed limit, it requires the approval of the legal heirs.