Sheheen Pulikkal Veettil v. Union of India
- Vaishnavi Majji
- Oct 16
- 1 min read
In a significant development, the Hon’ble Supreme Court has issued notice to the Union Government in a petition challenging the restriction under Muslim Personal Law that prohibits Muslims from bequeathing more than one-third of their property by Will (Wasiyat) without the consent of legal heirs. The plea, filed by Sheheen Pulikkal Veettil, a lawyer practising in Abu Dhabi, seeks to uphold Muslims’ right to execute equitable Wills in accordance with the Holy Quran, free from currently imposed limitations.
A Bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar has tagged this plea with Tarsem v. Dharma and Another, where similar questions regarding testamentary powers under Mohammedan law are under consideration. The petitioner argued that excluding Muslims from the Indian Succession Act, 1925, coupled with the one-third limitation under uncodified personal law, violates Articles 14, 15, 21, 25, and 300A of the Constitution.
The plea asserts that making a Will is an essential religious practice in Islam, and that no human-imposed restriction can override Quranic verses mandating believers to execute just and equitable Wills. It contends that the “one-third rule” is derived from a context-specific Hadith and cannot supersede the Quran, which prioritizes the fulfilment of bequests before inheritance distribution.
Relying on the precedent in Shayara Bano v. Union of India, the petitioner submitted that any practice inconsistent with the Quran cannot be considered valid Shariat. The case, thus, raises critical constitutional and theological questions on testamentary freedom and equality within Muslim personal law.
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