Act 012 of 1928 : Hindu Inheritance (Removal of Disabilities) Act, 1928

Preamble

[Act 12 of 1928][20th September, 1928]

1[Repealed by Act 2 of 2018, S. 2 and Sch. I]

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1 Repealed by Act 2 of 2018, S. 2 and Sch. I, dated 8-1-2018.

Section 1. Short title, extent and application

1. Short title, extent and application.-(1) This Act may be called the Hindu Inheritance (Removal of Disabilities) Act, 1928.

1[(2) It extends to the whole of India except 2 [the 3 [State of Jammu and Kashmir]].]

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

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Prior to amendment by Act 48 of 1959, Section 1 read as:

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1. Short title, extent and application.-(1) This Act may be called the Hindu Inheritance (Removal of Disabilities) Act, 1928.

4[(2) It extends to the whole of India except 5 [the territories which, immediately before the 1st November, 1956, were comprised in Part B States].]

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

1 Substituted by the A.O. 1950, for the former sub-section.

2 Substituted by the Adaptation of Laws (No. 3) Order, 1956, for "Part B States".

3 Substituted for "territories which, immediately before the 1st November, 1956, were comprised in Part B States" by Act 48 of 1959, Section 3 and Schedule I (w.e.f. 1-2-1960).

4 Substituted by the A.O. 1950, for the former sub-section.

5 Substituted by the Adaptation of Laws (No. 3) Order, 1956, for "Part B States".

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

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 than a person who is and has been from birth a lunatic or idiot, shall be excluded 1 [[* * *]] from any right or share in joint-family property by reason only of any disease, deformity, or physical or mental defect.

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Prior to amendment by Act 48 of 1959, Section 2 read as:

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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 than 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.

1 The words "from inheritance or" omitted by Act 48 of 1959, Section 3 and Schedule I (w.e.f. 1-2-1960).

Section 3. Saving and exception

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.

SECTIONS