The Hindu
Disposition of Property Act, 1916
(Act No.15 of 1916)
Contents
| Sections
|
Particulars
|
| Preamble | |
| 1 | Short title and
extent |
| 2 | Disposition for
the benefit of persons not in existence |
| 3 | Limitations and
conditions |
| 4 | Failure of
prior disposition |
| 5 | Application of
this Act to the Khoja community |
Preamble
(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 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) It
extends to the whole of India except the State of Jammu and
Kashmir.
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.
Comment: The Act is not retrospective
in nature. Section 2 covers cases of disposition of property after
the commencement of the Act. AIR 1937 All 197
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
(Chapter II) of the Transfer of Property Act, 1882 (4 of 1882)
and
(b) in
respect of dispositions by will those contained in (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.
5. Application of this Act to the Khoja community.- Where the (State Government) is of opnion that the Khoja community in the (State) or any part thereof desire that the provisions of this Act should be extended to such community, it may be notification in the Official Gazette, declare that the provisions of this Act, with the substitutions of the word "Khojas" or "Khoja" as the case may be, for the word "Hindu" 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.