AIR 2019 SUPREME COURT 643 ::(2019) 143 RevDec 857 ::(2019) 1 CLR 582 (SC) ::(2019) 1 HinduLR 733 ::(2019) 2 CivLJ 275 ::(2019) 2 All RentCas 503 ::2019 (3) SCC 611 ::(2019) 1 RecCivR 819 ::(2019) 1 Scale 617 ::AIR 2020 SC (Civil) 249

Supreme Court Of India

(From: AIR 2006 Kar 68)

Hon'ble Judge(s): A. M. Khanwilkar, Ajay Rastogi , JJ

Hindu Succession Act (30 of 1956) , S.30— Testamentary succession - Testator, Hindu male bequeathing his undivided share in joint property by Will - Independent share cannot be claimed by appellants in said property as member of family. Section 30 of the Act, permits the disposition by way of Will of a male Hindu in a Mitakshara coparcenary property. The significant fact which may be noticed is that while the legislature was aware of the strict rule against alienation by way of gift, it only relaxed the rule in favour of disposition by way of a Will of a male Hindu in a Mitakshara coparcenary property. Therefore, the law insofar as it applies to joint family property governed by the Mitakshara school, prior to the amendment of 2005, when a male Hindu dies after the commencement of the Hindu Succession Act, 1956 leaving at the time of his death an interest in Mitakshara coparcenary property, his interest in the property will devolve by survivorship upon the surviving members of the coparcenary. An exception is contained in the explanation to Section 30 of the Act making it clear that notwithstanding anything contained in the Act, the interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition and in the given facts and circumstances, the testator was indeed qualified to execute a Will beq....