Removes some existing disabilities in the power of disposition of property by Hindus for benefit of persons not in existence at the date of such disposition.
Hindu Disposition of Property Act, 1916
[Act 15 of 1916]
[28th September, 1916]
An Act to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition
Whereas it is expedient to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition; It is hereby enacted as follows:—
1. Short title and extent.
1. Short title and extent.—(1) This Act may be called the Hindu Disposition of Property Act, 1916.
[i][(2) It extends to the whole of India [ii][* * *]].
2. Dispositions for the benefit of persons not in existence.
2. Dispositions for the benefit of persons not in existence.—Subject to the limitations and provisions specified in this Act, no disposition of property by a Hindu, whether by transfer inter vivos or by will, shall be invalid by reason only that any person for whose benefit it may have been made was not in existence at the date of such disposition.
3. Limitations and conditions.
3. Limitations and conditions.—The limitations and provisions referred to in Section 2 shall be the following, namely:—
(a) in respect of dispositions by transfer inter vivos, those contained in [iii][Chapter II] of the Transfer of Property Act, 1882 (4 of 1882), and
(b) in respect of dispositions by will, those contained in [iv][Sections 113, 114, 115 and 116 of the Indian Succession Act, 1925 (33 of 1925)].
4. Failure of prior disposition.
4. Failure of prior disposition.—[v][* * *]
5. Application of this Act to the Khoja community.
5. Application of this Act to the Khoja community.—Where the [vi][State Government] is of opinion that the Khoja community in [vii][the State] or any part thereof desire that the provisions of this Act should be extended to such community [viii][it] may, by notification in the Official Gazette, declare that the provisions of this Act, with the substitution of the word “Khojas” or “Khoja”, as the case may be, for the word “Hindus” or “Hindu” wherever those words occur, shall apply to that community in such area as may be specified in the notification, and this Act shall thereupon have effect accordingly.
References
[i] Substituted by Act, 48 of 1959, Section 3 and Sch. (w.e.f. 1-2-1960).
[ii] The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, Ss. 95, 96 & Sch. V (w.e.f. 31-10-2019).
[iii] Substituted by Act, 21 of 1929, Section 12, for “Sections 13, 14 and 20”.
[iv] Substituted by Act, 21 of 1929, Section 12, for “Sections 100 and 101 of the Indian Succession Act, 1865”.
[v] Repealed by the Transfer of Property (Amendment) Supplementary Act, 1929 (21 of 1929), Section 12.
[vi] Substituted by the A.O. 1937 for “G.G. in C.”.
[vii] Substituted by the A.O. 1937 for “British India”.
[viii] Substituted by the A.O. 1937 for “he”.
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