Chhattisgarh High Court Delivers Key Ruling on Muslim Wills: Property Beyond One-Third Cannot Be Given Without Heirs’ Consent

Raipur:
In a significant judgment reinforcing the principles of Muslim personal law, the Chhattisgarh High Court has ruled that a Muslim individual cannot transfer more than one-third of their property through a will, unless the remaining legal heirs give clear consent after the death of the testator.

The ruling came in a long-running dispute from Korba district, where a 64-year-old widow fought a decade-long legal battle to reclaim her rightful share in her late husband’s property.

Widow Challenges Alleged Fake Will

The petitioner, Zaibun Nisha (64), approached the High Court after two lower courts denied her claim over the property of her late husband Abdul Sattar Lodhia, who passed away in 2004.

After Abdul Sattar’s death, his nephew Mohammad Sikandar produced a will claiming that the entire property had been bequeathed to him. Sikandar reportedly described himself as the deceased’s “adopted son” and claimed full ownership over the estate.

Zaibun Nisha challenged the document, alleging that the will was fabricated and was prepared without her consent. She asserted that the nephew was attempting to illegally grab the entire property.

High Court Overturns Lower Court Decisions

A single-judge bench of Justice Bibhu Datta Guru set aside the decisions of both lower courts, observing that they had failed to protect the widow’s legal rights.

The court referred to the provisions of Muslim law, particularly Sections 117 and 118, which clearly restrict the extent of property that can be disposed of through a will.

The High Court reiterated that under Muslim law, a person may only will away one-third (1/3rd) of their estate. Any will that transfers more than this limit becomes legally invalid unless all other heirs approve it after the death of the testator.

Silence or Delay Cannot Be Considered Consent

The court also made an important observation that the lower courts wrongly placed the burden of proof on the widow to disprove the will.

Instead, the High Court stated that it was Sikandar’s responsibility to prove that Zaibun Nisha had willingly and consciously given her consent after her husband’s death.

The judge clarified that mere silence or delay in filing a case cannot be treated as legal consent.

Even If Will Was Genuine, Claim Cannot Exceed One-Third

The High Court further noted that even if the will produced by Sikandar was assumed to be genuine, he still could not claim more than one-third of the deceased’s property without consent from the other heirs.

No witness could prove that the widow had agreed to such a complete transfer of property in favour of the nephew.

Landmark Judgment Reinforces Heirs’ Rights

Setting aside the earlier rulings, the High Court emphasized that protecting the rights of legal heirs is a fundamental principle of Muslim inheritance law.

The court observed that any will exceeding the lawful one-third share cannot be made effective without the clear approval of heirs after the death of the property owner.

This judgment is being viewed as an important legal precedent, especially in property disputes involving wills under Muslim personal law.