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, and
(c) That he is a resident of the territories to which this Act extends, may be declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of the provisions of this section, and thereafter the provisions of section 2 shall apply to the declaring 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 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.