Updated: Friday June 12, 2015/AlJumaa Sha'ban 25, 1436/Sukravara Jyaistha 22, 1937, at 11:06:50 AM

The Hindu Disposition of Property Act, 1916

1(Act No. XV of 1916)

[28

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 or remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit to persons not in existence at the date of such disposition.

It is hereby enacted as follows,---

1. Short title and extent - (1) This Act may be called the Hindu Disposition of Property Act, 1916.

2(2) It extends to the whole of India except the State of Jammu and Kashmir.

1For Statement of Objects, and Reasons, see Gazette of India, 1916, Pt. V, p. 2 ; for Report of Select Committee, see ibid., 1916, Pt. V, p 76 ; and for Proceedings in Council, see ibid., 1916, Pt. VI, pp. 19, 509, 542 and 585.

2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub‑section (2) as amended by A. O., 1937 and A. O., 1949, Sch.

2. Disposition 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 – 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 1882) 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).

4. Failure of prior disposition - (Rep. By the Transfer of Property (Amendment) (Supplementary) Act, 1929 (21 of 1929), sec. 12.

1Subs. By the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 12, for “sections 13, 14 and 20”

2Subs. ibid., for “sections 100 and 101 of the Indian Succession Act, 1865”.

 

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