Beruflich Dokumente
Kultur Dokumente
1986 0 AIR(AP) 159; 1985 2 APLJ 90; 1986 11 LS(SRC) 130; 1984 0 Supreme(AP) 447;
Transfer of Property Act, (4 of 1882) S. 5-Succession Act, (39 of 1925) S. 58- Mahomedan
Law-Will-Essentials Document styled as will-Testator dividing property in his lifetime and
giving possession to persons named in will-Will to take effect after testator s death-
Document is conveyance and not will
Held: Under the Mahomedan Law no writing is required to make a valid will and no
particular form is necessary. Even a verbal declaration is a will. The intention of the testator
to make a will must be clear and explicit and form is immaterial. Revocation also is an
inferential fact from proved facts and circumstances in a given case. No express mention
of revocation of the will is mandatory. The bequest must be of one third of the testator s
estate after meeting the funeral expenses and debts and a bequest to an heir is invalid
unless the other heirs consent to it after the demise of the testator. A Writing by a
Mahomedan by way of a testamentary disposition is valid and binding on the persons
claiming through his estate. Where under the document styled as a will the testator
declared his daughter and nephew to be his heirs and mentioned their shares in the
property bequeathed and divided the properties during his lifetime and gave them in
species and put the heirs in possession for enjoyment and stated that the will would come
into effect after his lifetime and there was no mention that the bequest was of one third of
his estate after deducting the funeral expenses and debts, the recitals in the document and
their cumulative effect would show that the testator devised his properties by means of a
conveyance and expressed the same by the words "by means of this bond." Therefore, the
document was a conveyance and not a will and since it was not registered it was invalid
was though styled as a will and was not binding on the legal heirs.