| [Act 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 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.
1[(2) It extends to the whole of India except the State of Jammu and Kashmir].
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Prior to amendment by Act 48 of 1959, Section 1 read as:
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1. Short title and extent.-(1) This Act may be called the Hindu Disposition of Property Act, 1916.
(2) It extends, in the first instance, to 2[the whole of India] 3[except the territories which, immediately before the 26th January, 1950, were comprised in the Province of Madras and the territories which, immediately before the 1st November, 1956, were comprised in Part B States]: Provided that the 4[State Government] may, by notification in the Official Gazette, extend this Act 5[to any part of the said territories of Madras].
1 Substituted by Act 48 of 1959, Section 3 and Schedule (w.e.f. 1-2-1960).
2 Substituted by the A.O. 1950 for "all the Provinces of India except".
3 Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "except Part B States and the State of Madras".
4 Substituted by the A.O. 1937 for "G.G. in C.".
5 Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "to the State of Madras".
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 1[Chapter II] of the Transfer of Property Act, 1882 (4 of 1882), and
(b) in respect of dispositions by will, those contained in 2[Sections 113, 114, 115 and 116 of the Indian Succession Act, 1925 (33 of 1925)].
1 Substituted by Act 21 of 1929, Section 12, for "Sections 13, 14 and 20".
2 Substituted by Act 21 of 1929, Section 12, for "Sections 100 and 101 of the Indian Succession Act, 1865".
4. Failure of prior disposition.-[Repealed by the Transfer of Property (Amendment) Supplementary Act, 1929 (21 of 1929), Section 12.]
5. Application of this Act to the Khoja community.-Where the 1[State Government] is of opinion that the Khoja community in 2[the State] or any part thereof desire that the provisions of this Act should be extended to such community 3[it] may, by notification 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.
1 Substituted by the A.O. 1937 for "G.G. in C.".
2 Substituted by the A.O. 1937 for "British India".
3 Substituted by the A.O. 1937 for "he".