AYYUB Vs. ILAHI BAKSH

JUDGEMENT

(1.) This appeal is preferred against judgment/decree dated 07.7.2017 passed by Fifth Additional District Judge, Bilaspur in Civil Suit No.29A/2007 wherein the said Court decreed the suit filed by the respondents/plaintiffs for declaring the will void executed by Mohd. Yakub on 20.3.1983 in favour of Mohd. Ayyub for the property mentioned in Scheduled A, B & C of the plaint.

(2.) Schedule A is a land measuring total area of 30.54 acres situated at village Mohra, Distt. Bilaspur, Schedule B is consisting of one house of three story building situated at Ward No.23 House No.129 at Mohalla Khaparganj, Distt. Bilaspur and in Schedule C is one shop No.19/20 situated at Gole Bazar, Bilaspur. The suit was filed on the ground that the entire property is bequest to one heir namely Mohd. Ayyub without consent of the other heirs who are the respondents/plaintiffs.

(3.) Section 117 of the Mulla's Principles of Mahomedan Law deals with bequest to an heir and provides as under:- "117. Bequests of heirs A bequest to an heir is not valid unless the other heirs consent to the bequest after the death of the testator. Any single heir may consent so as to bind his own share." Explanation In determining whether a person is or is not an heir, regards is to be had, not to the time of the