Under the Hindu Succession Act, 1956, which of these can a Mitakshara coparcener use to dispose of…
Section 30 permits a Hindu to dispose of property capable of testamentary disposition by will or another testamentary disposition. The Explanation to section 30 specifically…
Choose your answer
Under the Hindu Succession Act, 1956, which of these can a Mitakshara coparcener use to dispose of their interest by a disposition that takes effect on death?
Answer and explanation
Correct answer A
Section 30 permits a Hindu to dispose of property capable of testamentary disposition by will or another testamentary disposition.
The Explanation to section 30 specifically covers a male Hindu’s Mitakshara coparcenary interest. Section 6(2) separately makes the interest a daughter acquires as a coparcener capable of testamentary disposition.
A sale, gift or lease made during the coparcener’s lifetime is a transaction during life.
Option feedback
Option A
A will is a testamentary disposition. Section 30 permits a will of property capable of such disposition, and the Act provides for the coparcenary interest as explained below.
Option B
A sale during life is an inter vivos transaction.
Option C
A gift during life is not testamentary disposition.
Option D
A lease during life does not dispose of the interest by testament.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Himachal Pradesh Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision