| THE
HINDU DISPOSITION OF PROPERTY ACT, 1916 |
(Act
No. 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 or 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)
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.
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 intervivos
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 intervivos, 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), s.12. |
|
| 5.
Application of this Act to the Khoja community:- |
| Where
the [State Government] is of opinion 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
notified 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. |
|
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