Section 30: Testamentary succession
Hindu Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Hindu Succession Act • Official Statutory Text & Practice Guide
Legal Commentary & Landmark Judgments: Section 30
Section 30 of the Hindu Succession Act, 1956 empowers any Hindu to dispose of their separate property and undivided coparcenary interest by testamentary disposition.
Prior to 1956, an undivided coparcenary interest could only pass by survivorship; Section 30 fundamentally altered this by conferring full testamentary freedom to bequeath one's undivided coparcenary share.
Section 30 is of immense practical significance in Hindu estate planning. It enables a coparcener to alter the default statutory devolution of their undivided coparcenary share under Section 6. A testator can execute a Will in accordance with Section 63 of the Indian Succession Act, 1925, bequeathing their entire coparcenary interest and separate property to designated beneficiaries, entirely bypassing intestate succession.