Ahamath Et Al. V. Sariffa Umma

Present: Dalton and Drieberg J J.

AHAMATH et al. v. SARIFFA UMMA,

15-D. C. (Inty.) Colombo, 4,005.

    Muslim law-Power of testator to make free disposition-Bight of heir to portion-Property left to widow-Ordinance No. 21 of 1844r s.1.

A Muslim may dispose of the entirety of his property free from any limitation imposed on him under the Muslim law.

The incapacity created by section 2 of the Wills Ordinance, No. 21 of 1844, applies to persons who are prohibited from taking under a will by legislative enactment or on grounds of public policy.

APPEAL from an order of the District Judge of Colombo. The respondent applied for probate of the last will of her husband, Uduma Lebbe Ibrahim, by which he left all his property to her and appointed her executrix. The appellants, who are the brothers and sister of the deceased, opposed the grant of probate on several grounds, one of which was that under the Mohammedan law the testator could not dispose of more than one-third of his estate. The learned District Judge held against the appellants.

H. V. Perera (with Garvin and Deraniyagala), for appellants.- The Mohammedan law is clear tha

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