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Under the Hindu Succession Act, 1956, which of these methods may a Hindu coparcener use to dispose of a…

Section 30 of the Hindu Succession Act allows testamentary disposition of eligible property. Its explanation expressly includes a male Hindu’s Mitakshara coparcenary…

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Under the Hindu Succession Act, 1956, which of these methods may a Hindu coparcener use to dispose of a Mitakshara coparcenary interest by testamentary disposition?

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Answer and explanation

Correct answer A

Section 30 of the Hindu Succession Act allows testamentary disposition of eligible property. Its explanation expressly includes a male Hindu’s Mitakshara coparcenary interest.

Section 6(2) separately makes a female coparcener’s interest capable of testamentary disposition.

A sale, gift or lease during life does not dispose of the interest by will.

Option feedback

Option A

A will is a testamentary disposition. Section 30 and section 6(2) together recognize that the relevant interests can be disposed of this way.

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.

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