Published on: November 12, 2023 at 18:10 IST
Court: Supreme Court of India
Citation: Sadhu Singh v. Gurdwara Sahib Narike (2006)
Honourable Supreme Court of India has held that a Hindu Person can dispose off his property by a testamentary document i.e., Will under the provision of Section 30 of the Hindu Succession Act, 1956 in accordance with the provisions of the Indian Succession Act, 1925. It is held that in case of valid will of a Hindu person, provisions of the Hindu Succession Act, 1956 stands excluded and the property passes to the testamentary heirs.
13. An owner of property has normally the right to deal with that property including the right to devise or bequeath the property. He could thus dispose it of by a testament. Section 30 of the Act, not only does not curtail or affect this right, it actually reaffirms that right.
Thus, a Hindu male could testamentarily dispose of his property. When he does that, a succession under the Act stands excluded and the property passes to the testamentary heirs. Hence, when a male Hindu executes a will bequeathing the properties, the legatees take it subject to the terms of the will unless of course, any stipulation therein is found invalid.
Therefore, there is nothing in the Act which affects the right of a male Hindu to dispose of his property by providing only a life estate or limited estate for his widow. The Act does not stand in the way of his separate properties being dealt with by him as he deems fit. His will hence could not be challenged as being hit by the Act.
Drafted By Abhijit Mishra