Tuesday, 18 September 2018

Will


1)      Will in favour of heir not valid unless consented by other heirs after death. NLR 1995 SCJ 679; PLJ 1996 SC 1087; 1999 SCMR 971.
2)      Unregistered will cannot create any right in favour of heir unless it is acted upon. NLR 1999 Civ 611. Shia law 1/3 income of property allowed to be deposited in profitable scheme till deceased of case. 2007 MLD 165.
3)      Bequeath would be void for want of assent of all legal heirs after the death of testator. 1997 CLC 2012.
4)      Once it was found that will was revoked, property distributed among heirs. 2001 CLC 1323. Oral will. 2735.
5)      Oral evidence that deed of revocation of will was cancelled not accepted. NLR 1997 Ac 767. Execution of will accepted, not interfered. 2004 SCJ 474.
6)      Will may or may not be in writing and may or may not be attested by witnesses. PLJ 1997 Lah. 255.
7)      A will cannot be made in favour of heir unless consented to after death. NLR 2000 CLJ 709. Scribe and stamp vendor not produced, will not prove. 2008 YLR 589.
 Bequest of more than 1/3rd cannot take effect unless all heirs’ consent to it after death. 2002 CLC 808. Forged will. 2004 SCMR 513.
8)      Will made by deceased in favour of non-heir would be effective even without consent of heirs of deceased. 2002 SCMR 1330.
Oral will in favour of driver admitted by legal heirs, mutation attested accordingly. 2007 SCMR 794.
9)      Bequest to one heir not valid unless other heirs consent. PLD 2003 Quetta 53.
Will deed have executed without consent of legal heirs not valid? 2008 CLC 47.

10)  Will, marzulmaut. 2003 MLD 185.

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