Hegde, J.—The questions of law referred for the decision of the Full Bench are:

"1. Whether, by virtue of the Explanation to Sub-section (1) of section 30 of the Hindu Succession Act, 1956, the interest of the first defendant in the share taken by him as the sole member of a nissanthathi kavaru, became capable of being disposed of by will?

and 2. Whether Sub-section (3), (4) and (5) of section 36 of the Aliyasanthana Act are inconsistent with the Explanation to Sub-section (1) of section 30 of the Hindu Succession Act, 1956 and, do they, by the operation of Sub-section (1) (b) of section 4 of the Hindu Succession Act, cease to apply?"

(2) The material facts are not in dispute and they are fully set out in the order of reference. As per the preliminary decree dated 26.8.1952, the deceased first defendant had been allotted a 75/360th share in the family properties. He died on 25.7.1956. he had left behind him a will executed on 19.6.1956 bequeathing the properties allotted to his share as per the preliminary decree, to his wife and children who are the appellants in this case. As per section 36(3) of the Madras Aliyasanthana Act (to be referred to as the "Aliyasanthana Act" here