The bequeathed which is use or benefit
312.
A bequeathed may be use or benefiting by a real estate or moveable property for a definite or indefinite
period.
The bequeathed being less or more than one-third
313.
{1) Where the value of the definite property, the bequeathed use, or benefit of which for benefit is less than
one- third of the estate, then the corpus shall be delivered to the legatee to benefit thereby, according to the legacy.
{2) Where the value of the definite property, the bequeathed use, or benefit of which is more than one-third of the
estate, the heirs shall
be given the option either to ratify the legacy or give the legatee what is equivalent to one-third, of the estate.
Use and utilization of the definite property
314.
The legatee to whom is bequeathed the use of a definite property may use and utilize the same even though
otherwise than the state set forth in the legacy on condition of non-prejudice to the corpus.
Chapter III
Legacy by Instatement Definition of the Instatement
315.
Instatement is a legacy to join a non-heir person to the testator's inheritance, and with a definite share of
the inheritance.
Entitlement of the instated
316.
The instated shall be entitled to the like share of whoever he is instated in his position, whether male or
female within the limits of one-third of the estate.
Chapter IV
Cases of Avoidance of Legacy Cases of avoidance of the legacy
317.
The will is nullified by the following cases:
(a)
retraction by the testator of his legacy;
(b)
loss by the testator of his capacity, up to his death.
(c)
death of the legatee during the testator’s life;
(d)
the legatee acquiring the capacity of an heir of the testator;
(e)
the legatee rejecting the legacy after the testator's death;
(f)
the legatee killing the testator by willful aggression, whether the legatee is the principal, an accomplice or
causing; on condition that the killer, upon committing the act, shall be same and has attained the limit of criminal
responsibility;
(g)
disposal by the testator of the bequeathed in such way, as may get it out of his ownership or change its
description;
(h)
perishing of the definite bequeathed, or being vindicated on the part of others;
(i)
Apostasy by the testator or legatee from Islam unless he returns thereto.
Chapter V
Competition of Legacies competition
318.(1) Competition in legacies occurs where the same is by more than one- third for two and more, and the heirs
do not ratify the addition.
(2) Where competition occurs in legacies; the one-third shall be divided between the legatees, as creditors at the
proportion of their shares.
Part III Endowment
Application of the provisions of special laws to endowment
319.
The provisions of special laws shall apply, with respect to endowment, subject to the principles provided
therefor in this Act.
Definition of endowment
320.
Endowment means allocation of property in Almighty Allah's ownership as a rule, and almsgive its use
now and in reversion.
Form of endowment
321.
Form of endowment shall be required that it shall: (a)
be executed;
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