Chhattisgarh HC Upholds Muslim Law: 1/3 Property Will Limit Reaffirmed

• Chhattisgarh High Court overturned lower court rulings, reaffirming that a Muslim cannot will away more than one-third of their estate without post-death consent from other legal heirs.
• The ruling came in a property dispute involving Jaibun Nisha, widow of Abdul Sattar Lodhiya, whose husband's nephew claimed the entire property based on a will.
• The High Court emphasized that a bequest to an heir also requires the consent of other heirs, citing 'Principles of Mahomedan Law' by Mulla.
• It clarified that the onus of proving compliance with legal requirements rests on the beneficiary, not the widow, and mere delay or silence is not valid consent.
• The court stated that procedural technicalities or imperfectly framed relief cannot defeat legitimate inheritance claims, ensuring statutory shares for legal heirs.