1949 stating thus After the death of Masomat Kariman, my entire property would become wakf an the income from that would be spent for the maintenance of the Mosque at Jatog.
He had executed a Will on August 29, 1949 bequeathing all his properties to his sons mother in law, namely, Smt.
She would withdraw my pension and whatever would be left after meeting expenses in my burial, she would spend on Fateha as per the Muslim rites and customs.
This appeal by special leave arises from the judgment of the learned single Judge of the High Court of Himachal Pradesh, Shimla made on March 16, 1994 in RSA No.97/93.
The admitted facts are that Najaf Khan was the owner of the properties, namely, houses and shops situated in Jutog.
A reading of it would indicate that the testators only son died during his life time.
Whatever movable and immovable properties I have, she will own and possess these properties.
He left behind his mother in law, namely, Smt.
He added a numbere to the Will on dated 29.9.
Musamat Kariman who was living with the testator.
She was looking after him and the properties.
Musomat Kariman.
She also had numberother issue.
Nobody shall have the right either to mortgage or sell these properties.
