Section 3 Shariat Act: Power to make a declaration

Section 3: Power to make a declaration

(1) Any person who satisfies the prescribed authority—

(a) that he is a Muslim, and

(b) that he is competent to contract within the meaning of section 11 of the Indian Contract Act, 1872 (9 of 1872), and

may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of ²[the provisions of this section], and thereafter the provisions of section 2 shall apply to the declarant and all his minor children and their descendants as if in addition to the matters enumerated therein adoption, wills and legacies were also specified.

(2) Where the prescribed authority refuses to accept a declaration under sub-section (1), the person desiring to make the same may appeal to such office as the State Government may, by general or special order, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to make the declaration, order the prescribed authority to accept the same.

Footnotes in the official text

1.Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “a Part A State or a Part C State”.
2.Subs. by Act 16 of 1943, s. 2, for “this Act” (w.e.f. 7-4-1943).

Questions on this section

1 question in 3 of our papers cite Section 3. Try these from the free papers:

1. Consider the following statements about Section 3 of the Muslim Personal Law (Shariat) Application Act, 1937: 1. A person making a declaration must satisfy the prescribed authority that he is competent to contract within the meaning of Section 11 of the Indian Contract Act, 1872. 2. After the declaration, Section 2 applies to the declarant, his minor children and their descendants as if adoption, wills and legacies were also specified in it. 3. Where the prescribed authority refuses to accept a declaration, an appeal lies to the High Court. Which of the statements given above is/are correct?