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Supreme Court of India 2019-01-23 dismissed

RADHAMMA vs H.N. MUDDUKRISHNA

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

This case concerns whether a daughter from a testator's second marriage could claim an independent share in joint family properties when the testator had executed a valid Will bequeathing his undivided coparcenary interest. The Supreme Court upheld the High Court's decision, holding that under Section 30 of the Hindu Succession Act, 1956, a male Hindu coparcener can dispose of his undivided share by Will. Once a testator exercises this right, family members cannot claim additional independent shares in those properties merely by virtue of their family membership. The appeal was dismissed as the testator had validly bequeathed his interest by Will dated 16 June 1962.

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Hindu Succession Mitakshara Joint Family Wills and Testamentary Succession Coparcenary Rights Property Law

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