Law:

Section:

Muhammadan Law Will-Nothing on record showing consent on part of woman concerned respect of will in question after death of her father---Woman held can not as such be legally bound by will so as to affect her share in suit land inherited by her. Date of institution : 14th June 1979.                                                                                                                               JUDGMENT The appellant is the real brother of Mst. Arsha Begum respondent No. 2 who sold the land to suit :o her son named Muhammad Bashir respondent No. 1. The land in suit was originally owned by Sher Ali father of the plaintiff-appellant, proforma-respondent No. 4, Arsha Begum respondent No. 2 and Mst. Shahi Begum respondent No. 3. On the death of Sher Ali, land in suit was inherited by Mst. Arsha Begum as one of the heirs who transferred the same to her son through a sale-deed. The sale of the land in suit was challenged by the plaintiff appellant and his brother Sher Khan, another plaintiff-proforma-respondent on the ground that according to a deed of will Exh. `PA' the land in suit alongwith the remaining land fell exclusively to the share of the sons and daughters were not to 'inherit any landed property left by their father, Sher Ali as some movable property in shape of money and cattle was awarded to them by there father. The suit of the plaintiff was resisted by the defendants-respondents numbers 1 and 2. It was denied by them that there was any will ever made by Sher Ali deceased. The passing on of any movable property in lieu of immovable property to be left by Sher Ali was also denied. The learned counsel for the parties were heard and the perusal of record was also made. The main issue in this case is issue No. 3 which relates to the will allegedly made by Sher Ali deceased. The trial Court found this issue in favour of the…