Section 30 of the Hindu Succession Act, 1956 enables any Hindu to dispose of by Will or other testamentary disposition any property which is capable of being so disposed of in accordance with provision of the Indian Succession Act, 1925 or any other law applicable to Hindus.

The explanation to the section provides that the interest of a Hindu in **Mitakshara coparcenary property** shall be deemed to be property capable of being disposed of by him or her within the meaning of this section. The result is that a Hindu is capable of transmitting his interest in an HUF property by a Will or any other testamentary disposition.

A question arises whether disposition of interest in coparcenary property by Will deprives those members of his family who would have been entitled to share therein. This issue came to be considered by the Supreme Court wherein the court referred to provisions of section 30 of the Hindu Succession Act and held that the provision is an **exception** to the general rule that the interest of a male Hindu in joint family property devolve by **survivorship** upon the surviving members of the coparcenary after his death. A male Hindu (as per the law prior to the 2005 amendment after which the right was given to female as well) is qualified to dispose of his undivided interest by executing a Will or any other testamentary instrument. The devolution by Will was held to be valid in law.