Testamentary Succession Under the Hindu Succession Act, 1956
By
P. N. Chandrasekhar Iyer
There is a sharp difference of opinion on the question whether the power to a male Hindu to dispose of his interest in a Mitakshara coparcenary property by testament is an absolute right or only a conditional one under the Act. Those who hold that the right is absolute, rely upon the Explanation to S. 30 of the Act and the words therein “notwithstanding anything contained in this Act”. Those who hold that the power is a conditional one rely on the proviso to S. 6 of the Act which holds that if the deceased has left him surviving a female relative of Class I then alone the testamentary right exists. Those who hold the: former view consider that the Explanation to S.’ 30 overrides the proviso to S. 6.
In my article on “the Hindu Succession Act — some anomalies”, published in the Journal Section of the All India Reporter of February 1957, on page 12, I took the view that the power is only a conditional one since then I have received and read ....