Can a co-parcener of Hindu joint family make a will disposing of his undivided interest?
Co-parcener of Hindu Joint family has undivided interest in the joint family property. Section 30 of Hindu Succession Act has removed any disability of the co-parcener to bequeath his undivided interest in the joint family property. The Hindu Succession Act makes it clear that any customs inconsistent with the provisions of Hindu Succession Act are removed.
Section 30 of Hindu Succession Act stipulates that any Hindu may dispose of by Will, any property which, he is capable of being disposed of by him. The explanatory note states that interest of male Hindu in Mithakashara co-parcenary property is deemed to be property capable of being disposed. So a Hindu co-parcener may dispose of his undivided interest in joint family property by Will.