There have been some differences in the law of disposition by will prior to the commencement of the Act and subsequent to it. The position before the Act can be summarised as under:
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(i) A Hindu governed by the Dayabhag law could dispose of by will his separate property as well as his share in the coparcenary property.
ADVERTISEMENTS:
(ii) A Hindu governed by Mitakshara law could dispose of by will his separate property but not the undivided share in the coparcenary property.
(iii) A female Hindu could dispose of by will any property which was her absolute property. She had no right to dispose of by will the property which was her limited estate or woman’s estate.
(iv) A male Hindu could dispose of by will the impartible estate unless some special custom prohibits its alienation.
Under the Hindu Succession Act:
Section 30 of the Act makes important changes with respect to the disposition of the property by will.
ADVERTISEMENTS:
Firstly, it confers absolute power on every Hindu, who is not minor, to dispose of his property by will. This section does not impose any restrictions express or implied except that he should be capable of disposing of such property.
Even a Mitakshara coparcener has been empowered to dispose of his Mitakshara Coparcenary interest by will. Thus a Hindu either governed by Dayabhag or Mitakshara law has been empowered to dispose of by will the undivided interest in coparcenary property.
Secondly, customary impartible estate could also be disposed of by will.
Thirdly, a female Hindu can also dispose of by will her absolute property. Since woman’s estate has been abrogated and every such property has become her absolute estate she has become competent to dispose of by will that property also.
ADVERTISEMENTS:
The interest of a Tarwad, Tavazhi, Kutumba or Illom can also be disposed of by will.