Section 30 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 30 is the only section of Chapter III (Testamentary Succession). It says that any Hindu may dispose of by will or other testamentary disposition any property that is capable of being so disposed of, in accordance with the Indian Succession Act, 1925 or any other law applicable to Hindus, and its Explanation brings coparcenary and tarwad-type interests within that power.
This article follows the consolidated text consulted (a third-party print; amendments shown up to Act 34 of 2019). Later amendments should be checked separately.
Any Hindu may dispose of by will or other testamentary disposition any property which is capable of being so disposed of by him or by her, in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus. The Explanation provides that the interest of a male Hindu in a Mitakshara coparcenary property, or of a member of a tarwad, tavazhi, illom, kutumba or kavaru in its property, shall be deemed to be property capable of being disposed of by him or by her within the meaning of the section.
What section 30 says
Section 30 is headed "Testamentary succession". The text of the main paragraph is: "Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or by her, in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus."
The parts, one at a time:
| Words | What they do |
|---|---|
| "Any Hindu" | Read with section 2 and its extended meaning in section 2(3); see our article on section 2 |
| "may dispose of by will or other testamentary disposition" | The power to make a will or other testamentary disposition |
| "any property, which is capable of being so disposed of by him or by her" | The power covers property capable of being disposed of in this way |
| "in accordance with the provisions of the Indian Succession Act, 1925 ... or any other law for the time being in force and applicable to Hindus" | The manner of making the disposition is looked for in those laws |
"By him or by her". In the copy the words "disposed of by him or by her" carry a footnote: "Subs. by Act 39 of 2005, s. 6, for 'disposed of by him' (w.e.f. 9-9-2005)." The amendment therefore added the words "or by her". The consolidated text shows 9 September 2005 as the date from which the 2005 changes run.
The Indian Succession Act, 1925 is named in the section and is quoted as printed. Check the current law for the corresponding provision. The Hindu Succession Act itself prints no rules on how a will is made, attested or proved; for those, the Act sends the reader to the Indian Succession Act, 1925 or other applicable law. Our posts on wills explain that Act, not section 30: see our guides on testamentary capacity under section 59 of the Indian Succession Act and the short form of a will.
If you want to be sure a particular will or property falls within section 30, our legal consultation team can look at the document alongside the text.
The Explanation: coparcenary and tarwad interests
"The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall, notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this section."
Points drawn from the words:
- Two kinds of interest are named: that of a male Hindu in a Mitakshara coparcenary property, and that of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of that body.
- Each is "deemed to be property capable of being disposed of" by the person concerned, "notwithstanding anything contained in this Act or in any other law for the time being in force".
- The words "by him or by her" at the end of the Explanation are the same as in the main paragraph.
For the interests of members of a tarwad, tavazhi, illom, kutumba or kavaru, see section 7, covered in our article on sections 7 and 17. Section 6(2) separately says that property to which a female Hindu becomes entitled under section 6(1) is capable of being disposed of by her by testamentary disposition; see our article on section 6. Section 30 and section 6(2) are different provisions with their own words, and each is to be read as printed.
The word "HUF" is the tax-law name for the joint Hindu family; the Act does not use it. Nothing about an HUF is stated here, and for tax on property passed by will, see our income-tax guides.
Printing points in the copy
The copy of section 30 is untidy, and each point below is quoted as printed, without correction.
- The section opens with a footnote mark and asterisks before "Any Hindu". The footnote says the brackets and figure "(1)" were omitted by Act 58 of 1960, s. 3 and the Second Schedule (w.e.f. 26-12-1960).
- The Explanation ends "within the meaning of this 3". A footnote says "section" was substituted for "sub-section" by Act 56 of 1974, s. 3 and the Second Schedule (w.e.f. 20-12-1974).
- A row of asterisks follows the Explanation, with a footnote: "Omitted by Act 78 of 1956, s. 29 (w.e.f. 21-12-1956)".
- The four footnotes at the foot of the page are numbered 1, 2, 1, 2; the last two belong to the marks 3 and 4 in the section.
Section 31: repealed
Chapter IV, headed "Repeals", contains one section, 31. It is printed as "" and the copy says it was repealed by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule (w.e.f. 26-12-1960). This article does not describe what it provided.
A short illustration
The family is invented and the example only applies the printed words. Ramesh Chauhan, a Hindu male, is a coparcener in a Mitakshara joint family. Under the Explanation, his interest in that coparcenary property is deemed to be property capable of being disposed of by him within the meaning of section 30. Whether a particular document is a valid will is a matter for the Indian Succession Act, 1925 or other applicable law, which the section names. Meena Chauhan, a Hindu woman, is within "any Hindu" and the words "by him or by her" cover her property that is capable of being so disposed of.
Need help with a will and joint family property?
Planning a will for a Hindu family means reading section 30 with the Indian Succession Act, 1925 and with the nature of the property concerned. You can speak to our team through legal consultation; our guide on what a will can dispose of, ancestral and self-acquired property is a post on wills under that Act and is a useful companion read.
Key takeaways
- Any Hindu may dispose of by will or other testamentary disposition any property capable of being so disposed of by him or by her.
- The manner is that of the Indian Succession Act, 1925 or any other law for the time being in force and applicable to Hindus.
- "Or by her" was substituted by Act 39 of 2005, s. 6 (w.e.f. 9-9-2005).
- The interest of a male Hindu in Mitakshara coparcenary property and of a member of a tarwad, tavazhi, illom, kutumba or kavaru is deemed capable of being disposed of.
- Section 31 is repealed.
Read next
- Section 6 of the Hindu Succession Act, 1956: coparcenary property and daughters as coparceners
- Sections 7 and 17: tarwad, tavazhi, kutumba, kavaru, illom
- Sections 25-29: disqualified heirs and failure of heirs
- Ancestral property and self-acquired property: what a will can dispose of
Disclaimer: Based on a third-party consolidated print of the Hindu Succession Act, 1956 showing amendments up to Act 34 of 2019 and on the text of the Hindu Succession (Amendment) Act, 2005, as consulted on 2 October 2026. It explains the words of the statute only; State amendments, later amendments and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.