Aceh Shari'a Court Decision No. 28 of 2008

The deceased passed away in 1999, stipulating his wife (second appellant) and son (first respondent) as his beneficiaries. He bequeathed them a house attached to some land, as well as seven other separate parcels of land. The Jantho Shari'a Court (lower court) granted the beneficiaries their inheritance, subject to a bequest of the deceased to gift one-third of his estate to his step-son (first appellant). Accordingly, the lower court granted the first appellant 1890m-squared of land, the second appellant one-quarter of the land (945m2), and the first respondent 2835m2, but also declared the bequest executed by the deceased to be unlawful.

The Court overturned the lower court's declaration regarding the bequest, declaring it lawful and noting that anything the appellant received in excess of that one-third was to be returned to the beneficiaries. The Court also determined that the second respondent was also a legitimate beneficiary (as the deceased's other biological son) and entitled to one-third of the aforementioned parcels of land.

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