Muslim Personal Law (Shariat) Application Act,1937
Act No : 26
Section :
Power to make a declaration.
3.(1) Power to make a declaration.-Any person who satisfies theprescribed authority-- (a) that he is a Muslim, and (b) that, he is competent to contract within the meaning of section 11 the Indian Contract Act, 1872 (9 of 1872), and----------------------------------------------------------------------1 The words "in the Provinces of India" omitted by the A. O. 1950.2 Subs. by Act 48 of 1959, s. 3 and Sch. I, for certain words (w.e.f.1-2-1960).3 The words " excluding the North-West Frontier Province" omitted bythe A. O. 1948.4 In its application to Pondicherry, in section 1, after, sub-section(2), the following shall be inserted- "Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry."--(Vide Act 26 of 1968). The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch.----------------------------------------------------------------------206 (c) that he is a resident of 1*[the territories to which this Act extends],may by declaration in the prescribed form and filed before the pres-cribed authority declare that he desires to obtain the benefit of2*[the provisions of this section], and thereafter the provisions ofsection 2 shall apply to the declarant and all his minor children andtheir descendants as if in addition to the matters enumerated thereinadoption, wills and legacies were also specified. (2) Where the prescribed authority refuses to accept a declara-tion under sub-section (1), the person desiring to make the same mayappeal to such officer as the State Government may, by general orspecial order, appoint in this behalf, and such officer may, if he issatisfied that the appellant is entitled to make the declaration,order the prescribed authority to accept the same.
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