Will

Will

Will would be valid to the extent of 1/3 of the property.. testator could not bequest his entire property, however he could bequest only 1/3 of his entire property with the consent of legal heirs—property could not be bequest in the favor of legal heirs without the consent of other legal heirs— scribe of will deed in the present case, was not mentioned nor had been produced by the plaintiffs— contents of will deed were against Quranic Version, Sunnah and law—Muslim could exercise his right to utilize his property as he wishes in his lifetime by alienating the same in any manner but he had no right to by-pass the dictates of Quran, Sunnah and prevailing law— Testator had no authority to deprive the legal heirs of their shari shares though will deed— statements of marginal witnesses of will deed were full of contradictions— Notary public who attested the will deed had not entered the same in his register— Legal right which had bestowed upon the heirs could not be jeopardized by executing an unregistered deed which was no in the knowledge of legal heirs— consent of other legal heirs had not been obtained while executing the will deed—said will deed has not been proved nor the same contained the description or property—Legal rights of defendants to the extent of their Shari shares could not be disturbed—Inheritance mutation attested in accordance with law was not liable to be annulled which was maintained—plaintiffs were bound to prove partition deed  by producing cogent and confidence inspiring evidence— partition deed was unregistered documents which had not been proved— Temporary arrangement of partition for the purpose of produce of land would not amount to permanent private partition or a legal partition—Both the courts below had decided the this lis with conscious and application of independent mind=== revision was dismissed in the circumstances

2015 CLC PESHAWAR 298