In the context of Muslim personal law, the Rule of 'Rateable Abatement' applies in

Wasiyat is testamentary disposition. Under the Sunni rule, when legacies exceed the available bequeathable third and the heirs do not consent to the excess, they abate proportionately. This identifies wills, rather than charity, an inter-vivos gift or a loan of use. Shia ordering rules differ, so the named proportional rule is not asserted for every school.

Current law: For persons within the Uttarakhand Code’s statutory scope, its testamentary framework applies from 27 January 2025. Section 169 specifically provides proportional abatement of an annuity with other pecuniary legacies when the estate’s assets cannot pay all the legacies. That is a distinct statutory assets-insufficiency rule, rather than automatically applying the historical Sunni bequeathable-third rule to every current Code disposition; section 2 exclusions remain relevant.