Will deed as per section 30 of hindu sucession act 1956

rajashekhar (Querist) 28 November 2020 This query is : Resolved
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

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Quick Summary

This discussion addresses a crucial point regarding the Hindu Succession Act 1956: can a father in a joint family bequeath all ancestral property, or is he limited to his own share? Conflicting Supreme Court decisions are highlighted, suggesting that while one ruling states only an undivided share can be willed, another implies the entire ancestral property is disposable. The consensus leans towards the former, advising consultation with a legal professional due to case-specific nuances.

Isaac Gabriel (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 Agrawal (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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