| [Act 8 of 1921] | [27th March, 1921] |
| [Repealed by Act 48 of 1959, Section 4 and Schedule II] | [27th March, 1921] |
An Act to declare the rights of Hindus to make transfers and bequests in favour of unborn persons in the City of Madras
Whereas it is expedient to declare the rights of Hindus to make transfers and bequests in favour of unborn persons in the City of Madras; It is hereby enacted as follows:-
1. Short title.- This Act may be called the Hindu Transfers and Bequests (City of Madras) Act, 1921.
2. Application and extent.- (1) This Act shall apply to all transfers inter vivos and wills made by persons governed by the Hindu Law who are domiciled within the limits of the Ordinary Original Civil Jurisdiction of the High Court of Madras.
(2) In the case of transfers inter vivos or wills executed before the date of this Act, the provisions of this Act shall apply to such of the dispositions thereby made as are intended to come into operation at a time which is subsequent to the 14th February, 1914:
Provided that nothing contained in this section shall affect bona fide transferees for valuable consideration in whom the right to any property has vested prior to the date of this Act.
Explanation.-Hindus governed by the Marumakkattayam or the Aliyasantana law shall be deemed to be persons governed by the Hindu Law for the purposes of this Act.
1[3. Disposition for the benefit of person 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 born at the date of such disposition.
1 Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
The Act has been declared, by notification under Section 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:-
The District of Hazaribagh, Lohadaga (now the Ranchi District, see Calcutta Gazette, 1899, Part I, p. 44), and Manbhum and Pargana Dhalbhum and the Kolhan in the District of Singhbhum….
See Gazette of India,
1881, Pt. I, p. 504.
The Scheduled portion of the Mirzapur District….
Ditto
1879, Pt. I, p. 383.
Jaunsar Bawar….
Ditto
1879, Pt. I, p. 383.
It has been extended, by notification under Section 5 of the last-mentioned Act, to the Tarai of the Province of Agra. See Gazette of India, 1876, Part I, p. 505.
4. Limitations and conditions.- The limitations and provisions referred to in Section 3 shall be the following, namely:-
(a) in respect of disposition by transfers inter vivos, 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 (39 of 1925).]