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Where Sunni Hanafi succession law applies, a testator dies leaving a son, a widow and a grandson…

A Sunni Hanafi bequest to an heir requires the other heirs’ consent after the testator’s death. A bequest to a non-heir of up to one-third of the estate after funeral…

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Where Sunni Hanafi succession law applies, a testator dies leaving a son, a widow and a grandson through a predeceased son. In whose favour is a bequest of no more than one-third of the net estate effective without the other heirs’ consent?

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Answer and explanation

Correct answer C

A Sunni Hanafi bequest to an heir requires the other heirs’ consent after the testator’s death. A bequest to a non-heir of up to one-third of the estate after funeral expenses and debts is ordinarily effective without that consent. Here the son and widow are heirs. The surviving son excludes the grandson through the predeceased son, so the grandson is a non-heir on these facts.

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Option A

Incorrect. A surviving son is a primary heir (residuary) under Sunni law, and a bequest to an heir is invalid unless the other heirs consent after the testator's death (Mulla, Principles of Mahomedan Law, s. 117).

Option B

Incorrect. A widow is a primary Quranic sharer under Sunni law, so a bequest in her favour is invalid without the consent of the other heirs after the death of the testator.

Option C

The surviving son excludes this grandson from intestate succession. The grandson can therefore receive the bequest as a non-heir within the permitted third.

Option D

Both the son and the widow are heirs, so a bequest in their favour requires the relevant consent even when the amount is within one-third.

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