Act No. 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 or 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) It extends to the whole of India except the State
of Jammu and Kashmir.
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 intervivos 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 intervivos,
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(33 of 1925).
4. [Failure of prior disposition.] - Rep. By the Transfer
of Property (Amendment) (Supplementary) Act, 1929 (21
of 1929), s.12.
5. Application of this Act to the Khoja community -
Where the [State Government] is of opinion that the
Khoja community in the State or any part thereof desire
that the provisions of this Act should be extended to
such community, it may be 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.
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