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) This Act may be called the Hindu Disposition of Property Act, 1916.
1*[(2) It extends to the whole of India except the State of Jammu and Kashmir.]*2.
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.
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 1*[Chapter II] of the Transfer of Property Act, 1882 (4 of 1982), and
(b) In respect of dispositions by will, those contained in 2*[sections 113, 114, 115 and 116 of the Indian Succession Act, 1925 (33 of 1925)].
Rep. by the Transfer of Property (Amendment) Supplementary Act, 1929 (21 of 1929), s. 12.
Where the 1*[State Government] is of opinion that the Khoja community in 2*[the State] or any part thereof desire that the provisions of this Act should be extended to such community 3*[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.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.