The Hindu Inheritance (Removal of Disabilities) Act, 1928 (Act No. XII of 1928)

Updated: Saturday August 08, 2015/AsSabt Shawwal 23, 1436/Sanivara Sravana 17, 1937, at 07:52:56 PM

The Hindu Inheritance (Removal of Disabilities) Act, 1928

¹ACT No. XII of 1928

[20^th September, 1928]

An Act to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain doubts.

WHEREAS it is expedient to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain doubts; it is hereby enacted as follows:‑--

1. Short title, extent and application.^__(1) This Act may be called the Hindu Inheritance (Removal of Disabilities) Act, 1928.

²[(2) It extends to the whole of Pakistan.]

(3) It shall not apply to any person governed by the Daya bhaga School of Hindu Law.

2. Persons not to be excluded form inheritance or rights in joint family property. Notwithstanding any rule of Hindu Law or custom to the contrary, no person governed by the Hindu law, other than a person who is and has been from birth a lunatic or idiot, shall by excluded from inheritance or from any right or share in joint-family property by reason only of any disease, deformity, or physical or mental defect.

3. Saving and exception. Nothing contained in this Act shall affect any right which has accrued or any liability which has been incurred before the commencement thereof, or shall be deemed to confer upon any person any right in respect of any religious office or service or of the management of any religious or charitable trust which he would not have had if this Act had not been passed.

¹For Statement of Objects and Reasons, see Gazette of India, 1928, Pt.V.p.5.I.

²Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2^nd Sch. (with effect from the 14^th October,1955), for the original sub-section (2), as amended by A.O., 1949, and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951),s.8.