Question

Which of the following properties will section 30 of the Hindu Succession Act, 1956, govern?
I. Tarwad II. Tavazhi III. Kutumba IV. Kavaru V. Illom

• A. I, III, and V
• B. II, IV and V
• C. I and II
• D. All of the above

Hint:

Section 30 of the Hindu Succession Act is a powerful provision that allows a Hindu to dispose of their interest in various forms of joint family property (including Mitakshara and South Indian systems like Tarwad and Illom) by will.

Answer 1

The Correct Option is D

Section 30 of the Hindu Succession Act, 1956, deals with testamentary succession (succession by will). It clarifies that any Hindu can dispose of by will any property which is capable of being so disposed of by him. The Explanation to this section is crucial. It states that the interest of a male Hindu in a Mitakshara coparcenary property shall be deemed to be property capable of being disposed of by will, notwithstanding anything contained in any other law. It also explicitly includes the interest of a member of a Tarwad, Tavazhi, Illom, Kutumba or Kavaru. These terms refer to various forms of joint family property systems prevalent in different parts of South India (especially Kerala) under Marumakkattayam or Aliyasantana law. Section 30 brought these interests under the ambit of testamentary succession. Therefore, it governs all the listed properties.