HASHID KHATOON Vs. AKHTAR HUSSAIN

JUDGEMENT

(1.) This is an appeal by the defendant. The respondent herein brought a suit being Title Suit (Probate) No. 22/88 before the District Judge at Guwahati for probate of the will of the deceased Chakina Bibi. Am objection was filed on behalf of the present appellant wherein the main thrust was that as the property divested by way of will was more than 1/3rd share of the will property of the deceased Chakina Bibi, this will cannot be probated in view of Clause 118 of the Mohammedan Law. Clause 118 of the Mohammedan Law lays down the limit of testamentary power:

(2.) Evidently there is no consent of the heirs as objector is also one of the heir, and on such objection the learned Judge framed as many as six issues and following witnesses were examined: i) Md. Akhtar Hussain ii) Topaswar Das, iii) N. Ch. Das, iv) Aftab Hussain and v) Nijuddin Ahmed.

(3.) On behalf of the defendant the following witnesses were examined. Smt. A.U. Khatoon.