bombay act 054 of 1947 : Dispositions of Property (Bombay) Validation Act, 1947

Dispositions of Property (Bombay) Validation Act, 1947

BOMBAY ACT 054 OF 1947

16 January, 1948

An Act to validate certain disposition of property in the Province of Bombay.

Whereas it is expedient to validate certain dispositions of property in the Province of Bombay; It is hereby enacted as follows:

Section 1. Short title

This Act may be called the Dispositions of Property (Bombay) Validation Act, 1947.

Section 2. Application of Act

This Act shall apply to all trusts made, and to all wills and other testamentary dispositions of persons who have died, before the first day of January one thousand nine hundred and forty-five

(a) where such trusts, wills or testamentary dispositions relate to immovable property situate within the Province of Bombay;

(b) where such trusts, wills or testamentary dispositions relate to property of every description other than immovable property and are declared, executed or made by a settlor or testator, as the case may be, in the Province of Bombay, notwithstanding anything to the contrary contained in I art II of the Indian Succession Act, 1925 (XXXIX of 1925).

Section 3. Validation of certain dispositions

(1) The following provisions of law shall not apply and shall be deemed never to have applied to the dispositions of property contained in or made by the instruments mentioned in section 2, namely, (a) section 13 of the Transfer of Property Act, 1882, and (b) section 118 of the Indian Succession Act, 1925.

(2) To the dispositions of property contained in or made by the instruments mentioned in section 2 the enactments mentioned in the first column of the Schedule to this Act shall apply, and shall be deemed to have always applied, with the omissions and modifications specified in the second column of the Schedule.

Section 4. Saving

Nothing in this Act shall be deemed to affect or prejudice in any way any right, title or interest accrued to any person under a final decree or order of a competent court or acquired by any person for valuable consideration before the coming into force of this Act.

1	2
Enactments.	Omissions and modifications.
Section 15 of the Transfer of Property Act, 1882.	For sections 13 and substitute section .
Section 16 of the Transfer of Property Act, 1882.	For sections 13 and substitute section .
Clause (b) of section 3 of the Hindu Disposition of Property Act, 1916.	Omit 113, .
Section 115 of the Indian Succession Act, 1925.	Omit section 113 or .
Section 116 of the Indian Succession Act, 1925.	For sections 118 and substitute section .
Schedule III to the Indian Succession Act, 1925.	Omit 113, .
Clause (5) under the heading Restrictions and modifications in application of foregoing sections in Schedule III to the Indian Succession Act, 1925.	Omit one hundred and thirteen .

1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1947, Part V, page 326.