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
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/
