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PLD 2017 Sindh 309
Before Yousuf Ali Sayed, J
PETITION UNDER SECTIONS 276 OF THE SUCCESSION ACT, 1925, FOR PROBATE OF THE WILL OF MRS. FATIMA MANSUR WIDOW OF GHULAM NABI MANSURI, MUSLIM, ADULT: In the matter of S.M.A. No. 174 of 2016, decided on 22nd December, 2016.
(a) Islamic law—
—Inheritance—Bequeathing by making a "Will"—Validity of a bequest of more than one-third of the testator's estate—Scope—While the capacity of a Muslim to make a bequest was circumscribed by principles of Islamic Law, as per which bequest could only be to the extent of a third of the testator's property /estate; however, in case where heirs consented to the said Will, a bequest of more than one-third of the property, which by itself was not valid, would become valid, tp. 310] A
1993 CLC 1552 rel.
(b) Succession Act (XXXIX of 1925)—
— Ss.281, 278 & 372—Successionof. Letter of
Administration—Bequest by Will—Verification of petition for probate by one witness to WiU—Non-contentious matter—Consent of all legal heirs of deceased to the Will of the deceased—Applicability of S.281 of the Succession Act, 1925 in a non-contentious matter—Scope—
Section 281 of the Succession Act, 1925, which was a rule of procedure, was not of any particular importance in a non-contentious case, when the existence and content of a Will was uncontested and the entire matter was being proceeded consensually, with the concurrence of the executors and legatees/heirs. [p. 311] B
Imtiaz Ahmad v. Ghulam Ali and others PLD 1963 SC 382 and Zafar Abbas v. Hassan Murtaza PLD 2005 SC 600 rel.
Ghulam Abbas Pishori for Petitioner.
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