Will deed as per section 30 of hindu sucession act 1956

This query is : Resolved 
 

Online (Querist)
28 November 2020

respected sir

only question can a father in a joint family can make a will deed of entire ancestral joint family properties or only to the extent of his share in joint family property?
Radhamma vs H.N. Muddukrishna decision on 23 January, 2019 of supreme court says only undivided share can only be willed away
while Sham Lal alias Kuldip versus Sanjeev Kumar and others (2009) 12 SCC 454 says entire entire ancestral property can be willed away
is Sham Lal alias Kuldip versus Sanjeev Kumar and others (2009) 12 SCC 454 is over ruled ?

Please guide me sir
please guide sir


Isaac GabrielOnline (Expert)
29 November 2020

Only the property entitled could be willed by an individual and not other partners.Neverthless, show the documents to professional lawyer as it may vary from case to case in view of the citations referred to.

J K AgrawalOnline (Expert)
30 November 2020

Well advised by Mr Isaac sir. No any such law held by the Supreme Court in Sham Lal case. Please go through the case yourself at following link. https://indiankanoon.org/doc/1981103/



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