Testamentary Succession under the Hindu Succession Act

According to the ancient Mitakshara Law, no coparcener could dispose of by will, his undivided coparcenary interest, even if the other coparceners agreed to such a disposition. This rule of Mitakshara Law is now abrogated by this Section, because the Explanation to the Section makes it abundantly clear that the interest of a male Hindu in the coparcenary property of a Mitakshara coparcenary is now property which he is capable of disposing of by will notwithstanding any other rule of law to the contrary.

As seen earlier, according to the Dayabhaga law, a father can, by will, dispose of his entire property, whether ancestral or self- acquired. Likewise, a coparcener of a Dayabhaga coparcenary can, by will, dispose of a whole of his interest in joint family property. Now, after the passing of the Act in 1956, the same rules apply to Mitakshara Joint Family properties also.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

The Madras High Court has clarified that what a coparcener can do is dispose of his interest in joint family property by will. There is still no power to do so by a gift. (M.S. B.Y. Board v. Subramania, A.I.R. 1973 Mad. 277)

Related Articles

What is ‘Acknowledgement of Paternity’ under Muslim Law?

Paternity of a child is established if the child is born during continuance of a valid marriage or within 280 days of its dissolution, the mother remaining unmarried. Maternity of a child is established in the woman who gives birth to the child; it is immaterial whether the child is an offspring of a valid […]
Read more

Difference between False Imprisonment and Abuse of Process

4. False imprisonment affects the plaintiff physically and- mentally. 5. In false imprisonment, the plaintiff has to prove his detention or arrest and it is for the defendant to prove that the arrest or detention was justified under the law. Malicious Prosecution / Abuse of Process 1. If arrest or imprisonment is made by obtaining […]
Read more
Search for:
x

Hi!
I'm Rebecca!

Would you like to get a custom essay? How about receiving a customized one?

Check it out