THE HINDU
DISPOSITION OF PROPERTY ACT 1916
(Act XV of 1916)
C O N T E N T S
Section Heading
1. Short title and extent.
1-A. Definition.
2. Dispositions
for the benefit of persons not in existence.
3. Limitations and conditions.
4. [Repealed].
5. Application of this Act to the Khoja Community.
[1]THE HINDU DISPOSITION OF PROPERTY ACT,
1916
(Act XV
of 1916)
[28 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 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][(2) It extends to
whole of [3][the
[4][1-A. Definition.– In this Act, “Government” means Government of the
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 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 [5][Chapter
II] of the Transfer of Property Act, 1882 (IV of 1882), and
(b) in respect of dispositions by will, those
contained in [6][sections 113, 114, and 115 of the Succession Act, 1925
(XXXIX of 1925)].
4. [7][* * * * * * * * * *]
5. Application of this Act to the Khoja
Community.– Where the [8][Government] is of opinion that the Khoja
Community in [9][the Punjab] or any part thereof desire that the provisions
of this Act should be extended to such community, [10][it] may, by notification in the [11][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.
[1]For 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. V, pp.19, 509, 542 and 585.
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 Disposition of Property
(Amendment) Act 2012 (XVII of 2012).
[2]Substituted by the Central Laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), s.3 and 2nd Schedule (with effect
from the 14th October 1955), for the original sub-section (2) as
amended by A.O., 1937 and Adaptation Order, 1949, Schedule.
[3]Substituted for the word “
[4]Inserted ibid.
[5]Substituted by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929), s.12, for “section 13, 14 and 20”.
[6]Substituted for “sections 100 and 101 of the Indian Succession Act, 1865”, by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929).
[7]Section 4 “Failure of prior disposition”
repealed ibid.
[8]Substituted for the words “Provincial Government” by the Hindu Disposition of Property (Amendment) Act 2012 (XVII of 2012).
[9]Ibid., for the words “the Province”.
[10]Substituted for the word “he”, by
the Adaptation Order, 1937.
[11]Ibid, for
“Gazette of