Section 30 of HSA : Section 30: Testamentary Succession
HSA
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Explanation using Example
Imagine a Hindu man named Arjun who owns a house, a plot of land, and has a share in his family's ancestral property under the Mitakshara coparcenary system. Arjun decides to draft a will to ensure that his assets are distributed according to his wishes after his death. Under Section 30 of The Hindu Succession Act, 1956, Arjun has the legal right to include in his will not only his self-acquired house and land but also his share in the coparcenary property.
In his will, Arjun bequeaths his house to his daughter, the plot of land to his son, and expresses his desire to have his share of the coparcenary property given to his wife. This testamentary disposition is valid as per the Indian Succession Act, 1925. Even though the coparcenary property is traditionally inherited and not typically subject to wills, Section 30 allows Arjun to include it, ensuring that his personal wishes are respected regarding the distribution of his entire estate.