THE HINDU INHERITANCE

(REMOVAL OF DISABILITIES) ACT, 1928

(XII of 1928)

 

C O N T E N T S

Section                                Heading

        1.              Short title, extent and application.

        2.              Persons not to be excluded from inheritance or rights in joint-family property.

        3.              Saving and exception.

 

 

[1]THE HINDU INHERITANCE

(REMOVAL OF DISABILITIES) ACT, 1928

 

(Act XII of 1928)

 

[20 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 [3][the Punjab]].

      (3)    It shall not apply to any persons governed by the Dayabhaga School of Hindu Law.

 

2.   Persons not to be excluded from 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 then a person who is and has been from birth a lunatic or idiot, shall be 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.

 


[1]For the statement of Objects and Reasons, see, Gazette of India, 1928, Pt. V, p.51.

    This Act was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Hindu Inheritance (Removal of Disabilities) (Amendment) Act 2012 (XI of 2012).

[2]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub-section (2), as amended by Adaptation Order, 1949, and the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s.8.

[3]Substituted for the word “Pakistan” by the Hindu Inheritance (Removal of Disabilities) (Amendment) Act 2012 (XI of 2012).