Law: Succession Act, 1925

Section: 281,278,372

(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. 1993 CLC 1552 rel. (b) Succession Act (XXXIX of 1925)---.--- ---.----Ss. 281, 278 & 372---.---Succession---.---Grant of Letter of Administration---.---Bequest by Will---.---Verification of petition for probate by one witness to Will---.---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. Imtiaz Ahmad v. Ghulam Ali and others PLD 1963 SC 382 and Zafar Abbas v. Hassan Murtaza PLD 2005 SC 600 rel. THIS ORDER PASSED BY: YOUSUF ALI SAYED, JUSTICE:---.--- This petition under section 276 of the Succession Act, 1925 has been filed for Probate of the Will of the deceased, Fatima Mansuri, executed at Karachi on 16.01.2010 in the presence of four persons, of whom two, namely Mr. Sikandar Ghulamali and Mr. Qurban Ali A. Hussain, are specifically designated therein as Witnesses Nos.1 and 2 respectively. It appears that the legatees under the Will, are the four children of the testator, namely her son, Shariq Mansuri, and her daughters, Summera Mansuri, Samina Mansuri and Ghazala Mansuri, to whom she has bequeathed her entire estate to be divided between them in equal shares. Furthermore, vide a codicil/addendum executed on 25.10.2010 the testator had named her daughter, Ghazala, and her sister, Shireen…

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