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A Shia Mahommedan bequeathes 1/3 of his estate to 'A', 1/4 to 'B' and 1/6 to 'C' and the heirs refuse…

Under Shia Muslim law (unlike Sunni law, which applies rateable abatement), if the total bequests exceed the bequeathable one-third of the net estate and the heirs refuse to…

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A Shia Mahommedan bequeathes 1/3 of his estate to 'A', 1/4 to 'B' and 1/6 to 'C' and the heirs refuse to confirm the bequests.
Which of the following statement is correct in the above situation ?

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Answer and explanation

Correct answer C

Under Shia Muslim law (unlike Sunni law, which applies rateable abatement), if the total bequests exceed the bequeathable one-third of the net estate and the heirs refuse to consent, the rule of chronological priority applies: the legatee named first in the will takes in priority until the one-third limit is exhausted. Because the first bequest to 'A' is already 1/3 of the estate, 'A' takes the full 1/3 and 'B' and 'C' take nothing.

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