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Hindu Disposition of Property Act, 1916

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THE HINDU DISPOSITION OF PROPERTY ACT, 1916

THE HINDU DISPOSITION OF PROPERTY ACT, 1916 1(Act No. XV 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 or persons not in existence at the date of such disposition;

It is hereby enacted as follows:-

Section 1. Short title and extent

(1) This Act may be called the Hindu Disposition of Property Act, 1916.

2[(2) It extends to the whole of Pakistan]

Section 2. Disposition 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.

Section 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 3[Chapter II] of the Transfer of Property Act, 1882 (IV of 1882) and

(b) in respect of dispositions by will, those contained in 4[sections 113, 114, 115 and 116 of the Indian Succession Act, 1925 (XXXIX of 1925).]

Section 4. [Failure of prior disposition]

Rep. By the Transfer of Property (Amdt.) Supplementary Act, 1929 (XXI of 1929), s. 12.

Section 5. Application of this Act to the Khoja community

Where the 5[Provincial Government] is of opinion that the Khoja community in 6[the Province] or any part thereof desire that the provisions of this Act should be extended to such community, 7[it] may by notification in the 8[Official Gazette], declare that the provisions of this Act, with the substitutions 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. Date: 16-09-2024

1For Statement of Objects, and Reasons, see Gazette of India, 1916, Pt. V, p. 2 ; for Report of Select Committee, see ibid., 1916, Pt. V, p 76 ; and for Proceedings in Council, see ibid., 1916, Pt. VI, pp. 19, 509, 542 and 585.

2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub-section (2) as amended by A. O., 1937 and A. O., 1949, Sch.

3Subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 12, for "sections 13, 14 and 20"

4Subs. ibid., for "sections 100 and 101 of the Indian Succession Act, 1865".

5Subs. by A. O., 1937, for "G. G. in C."

6Subs. ibid., for "British India".

7subs. ibid., for "he"

8Subs. ibid., for "Gazette of India".

Print contents from the source
CONTENTS 
1.  Short title and extent 
2.  Disposition for the benefit of persons not in existence 
3.  Limitations and conditions 
4.  [Failure of prior disposition] 
5.  Application of this Act to the Khoja community
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Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 41cdfa787071ade7ee064c823536f8e748d6e216b3061c81e6973da63b55dfe9.

Page 1 of 2 
 
 
 
 
 
 
THE HINDU DISPOSITION OF PROPERTY ACT, 1916 
 
 
 
CONTENTS 
1.  Short title and extent 
2.  Disposition for the benefit of persons not in existence 
3.  Limitations and conditions 
4.  [Failure of prior disposition] 
5.  Application of this Act to the Khoja community 

 
Page 2 of 2 
 
THE HINDU DISPOSITION OF PROPERTY ACT, 1916 
1(Act No. XV 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 or 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[(2) It extends to the whole of Pakistan] 
 2. Disposition 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 3[Chapter 
II] of the Transfer of Property Act, 1882 (IV of 1882) and 
(b)  in respect of dispositions by will, those contained in 4[sections 113, 114, 115 
and 116 of the Indian Succession Act, 1925 (XXXIX of 1925).] 
 4. [Failure of prior disposition]. Rep. By the Transfer of Property (Amdt.) Supplementary 
Act, 1929 (XXI of 1929), s. 12. 
 5. Application of this Act to the Khoja community. Where the 5[Provincial Government] is 
of opinion that the Khoja community in 6[the Province] or any part thereof desire that the provisions 
of this Act should be extended to such community, 7[it] may by notification in the 8[Official 
Gazette], declare that the provisions of this Act, with the substitutions 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. 
Date: 16-09-2024 
1For Statement of Objects, and Reasons, see Gazette of India, 1916, Pt. V, p. 2 ; for Report of Select Committee,  see ibid., 1916, Pt. V, p 76 ; and for 
Proceedings in Council, see ibid., 1916, Pt. VI, pp. 19, 509, 542 and 585. 
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original 
sub-section (2) as amended by A. O., 1937 and A. O., 1949, Sch. 
3Subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 12, for "sections 13, 14 and 20" 
4Subs. ibid., for "sections 100 and 101 of the Indian Succession Act, 1865". 
5Subs. by A. O., 1937, for "G. G. in C." 
6Subs. ibid., for "British India". 
7subs. ibid., for "he" 
8Subs. ibid., for "Gazette of India".
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ose 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 3[Chapter II] of the Transfer of Property Act, 1882 (IV of 1882) and (b) in respect of dispositions by will, t

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