Bequests by a Muslim can only take effect to the extent of one-third of the net assets remaining after payment of his funeral ‘expenses and debts. Unless the excess is rendered valid by the consent, given after the death of the testator, of the inheritors whose rights are infringed thereby, or by the fact of there being no such inheritors.
Where the testator has made a number of bequests which collectively exceed one-third and are not allowed by the heir, the rule is that they must abate ratably, provided that they are all bequests to individuals. But if some of the bequests are for pious purposes expressly ordained in the Koran, while others are for pious purposes not expressly ordained, the former will take precedence of the latter., and the bequests for non-ordained pious purposes will be satisfied order in which they follow each other in he will, It is uncertain whether, as between bequests ” to Almighty God” and bequests to individuals. Precedence should be given to the former or the latter, or whether both should abate rataably.
(Damodar Kashinath Rasane v. Shahajsdibi AIR 1989 Bom 1) , Abdul Samad Gulam Rasool Died Lrs & v. Mohammad Yousuf Shaikh Dagdu (https://indiankanoon.org/doc/54496809/), and Rabbani Begum v. Zarina Bibi (2011 (5) CHN 171) )