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. The 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 provision of Hindu Succession Act which is inconsistent with the prevailing customs is removed.
Section 30 of Hindu Succession Act stipulates that any Hindu may dispose off any property by Will which, he is capable of disposing off. The explanatory note states that the interest of male Hindu in Mithakshara co-parcenary property, the property is deemed to be one which can be disposed-off by him. So a Hindu co-parcener may dispose of his undivided interest in joint family property by Will.