nirmal paliwal (no) 01 April 2023
Dr J C Vashista (Advocate) 02 April 2023
The ancestral property of this joint family is known as coparcenary property which does not include the self-acquired properties. If the property is inherited by the four generations of the male lineage, it is called the ancestral property.
Even though Hindu Law gives the power to manage this ancestral property to the head of a Hindu Undivided Family or Karta, the rights over this ancestral property or coparcenary property in Hindu Law are shared by the coparceners.
Accordingly concept of execution of a will in a HUF property is not applicable.
T. Kalaiselvan, Advocate (Advocate) 02 April 2023
It is common knowledge that the Karta of an HUF often executes agreement/sale deed of an immovable property belonging to the HUF on the firm conviction that he is legally entitled to execute the said deed on account of legal necessity. The said deeds are often assailed/challenged as unenforceable/void by the other coparceners on the ground that the said immovable property belonged to the joint Hindu family and a transfer deed cannot be executed by the Karta alone without the signatures of all the coparceners.
Section 30 in The Hindu Succession Act, 1956 states that:
Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus. Explanation.— The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this section.
Hence you may come out with details for rendering more opinion.