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3. Power to make a declaration

  1. Any person who satisfies the prescribed authority-
    1. that he is a Muslim, and
    2. that he is competent to contract within the meaning of section 11 of the Indian Contract Act, 1872, and
    3. that he is a resident of 6[the territories to which this Act extends] may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of 7[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 officer as the 8[State] Government may, if he is satisfied that the appellant is entitled to make the declaration, order the prescribed authority to accept the same.

6. Substituted by the Adaptation of Laws (No.3) Order, 1956, for the words "a Part A State or a Part C State".
7. Substituted by the Muslim Personal Law (Shariat) Application (Amendment) Act, 1943 (16 of 1943), for the words "this Act".
8. Substituted by the Adaptation of Laws Order 1950, for the words "Provincial".