SALEBHAI ABDUL KADER BASRAI Vs. BAI SAFIABU

JUDGEMENT

(1.) The plaintiffs sued the executrix and other heirs under the will of their deceased grandfather Ismailji to recover a legacy alleged due to them under the will of the said deceased Ismailji.

(2.) The defendants pleaded that the claim was time-barred; that the legacy was invalid to more than the extent of one-third of the estate owing to the want of assent of the other heirs; that the legacy could not be given effect to owing to more than one-third of the estate having been already left by a prior clause of the will in Wakf.

(3.) The original Court decided that the suit was time-barred; that the legacy was invalid to more than the extent of one-third of the property; that there was no assent of the other heirs and that the legacy could, therefore, not be given effect to as one-third of the property had been validly left by a prior bequest in Wakf. The original Court, therefore, dismissed the suit with costs.