Section 30, Hindu Succession Act 1956

This query is : Resolved 

Guest (Querist)
04 December 2009

Dear sir,
Please go through the recent SC Judgement of 2009 in Shyam Lal @ Kuldeep vs Sanjeev Kumar and Others,

A male Hindu governed by Mitakashara system is not debarred from making a Will in respect of coparcenery or ancestral property under Section 30 read with Section 4 of the Hindu Succession Act 1956

Please tell me the clear cut meaning of this judgement. If property passed from grand father to father he can dispose property through will to his sons only ignoring daughter.

raj kumar makkad (Expert)
05 December 2009

Murli! As per judgment cited by you, th meaning is same as you read. An ancestral property can be disposed through a will by a Hindu following Mitakshra system. This judgment shall open the pandora of litigation.

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