# Your will covers only one third. > Many fathers write a will leaving the house to one child. The courts say a Muslim's bequest is limited to one third, and a bequest to an heir needs the other heirs' consent after death. - Topic: Property and inheritance - For: Citizens - A 11-slide carousel: https://failegal.site/media/your-will-covers-only-one-third - Published by FAI Legal on 2026-10-10 ## Myth or fact? What fathers often believe. - **Myth: It is my property. My will can give all of it to whoever I want.** - **Fact: A Muslim's bequest is limited to one third of the estate. More is valid only if the heirs consent (PLD 2017 Sindh 309).** ## The order of the estate. Peshawar High Court, 1987 CLC 7. - **First** Funeral expenses and debts are paid. - **Then** The will can cover up to one third of what is left. - **The rest** Goes to the legal heirs by their shares. ## Quick quiz. One son only. Guess first, then swipe for the answer. - **A. Yes, it is his choice** - **B. Only if the other heirs consent** - **C. Yes, if registered** ## Answer: B. The heirs decide. A bequest to an heir. - **1987 CLC 7** A bequest to an heir is not valid unless the other heirs consent after the testator's death. - **PLD 2003 Quetta 53** No consent of all heirs after death: the bequest is void. ## When more than a third? Lahore High Court, 2025 YLR 302. - **Heirs consent** The heirs alive at the death consent after the death. - **No heirs** The testator leaves no heirs. - **Custom or spouse** A valid custom permits it, or the only heir is a spouse and their share is not affected. ## Consent by conduct. Also 2025 YLR 302. - **Myth: My brothers never signed anything, so they never consented.** - **Fact: Consent can be oral, written or implied by conduct, such as helping the mutation or letting the legatee take possession.** ## Even if registered. Article 79, Qanun-e-Shahadat. > "Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered" (Qanun-e-Shahadat Order, 1984 · Article 79, proviso) ## Myth or fact? The "they agreed" trap. - **Myth: All my children agreed while I was alive. Done.** - **Fact: The cases look at consent given after the death of the testator (1987 CLC 7, PLD 2003 Quetta 53).** ## Planning your will? Ask FAI in your own words. It answers with the exact rule and the judgments behind it. - **Can I leave my shop to my youngest son by will?** - **Is a will in favour of one heir valid without the consent of the others?** ## What this does not mean - The one third limit is worked out after funeral expenses and debts are paid (1987 CLC 7). - Agreement by the children while the father is alive is not what the cases look at. They look at consent given after the death (1987 CLC 7, PLD 2003 Quetta 53). - Registering a will does not remove the need to call an attesting witness to prove it. The Article 79 proviso excludes wills. ## Questions people ask ### How much property can a Muslim give by will in Pakistan? Up to one third of the estate, after funeral expenses and debts are paid. More is valid only if the heirs consent (PLD 2017 Sindh 309). ### Can a father leave his house to one son by will? Only if the other heirs consent after the death. A bequest to an heir is not valid without that consent (1987 CLC 7), and without consent of all heirs after death it is void (PLD 2003 Quetta 53). ### When can a will cover more than one third? The Lahore High Court in 2025 YLR 302 named these cases: the heirs alive at the death consent after it, there are no heirs, a valid custom permits it, or the only heir is a spouse whose share is not affected. ### Does consent of the heirs have to be in writing? No. In 2025 YLR 302 consent could be oral, written or shown by conduct, such as helping with the mutation or letting the legatee take possession. ### Is a registered will proved without witnesses? No. Article 79 of the Qanun-e-Shahadat lets a registered document be proved without calling an attesting witness, but that proviso does not apply to a will. ## Sources - Qanun-e-Shahadat Order, 1984 · Article 79, proviso: Proof of execution of document required by law to be attested --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.