Hindu Women s Rights to Property Act, 1937

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THE HINDU WOMEN’S RIGHTS TO PROPERTY ACT, 1937 
 
              
 
 
 
 
CONTENTS 
 
1.  Short title and extent 
2.  Application 
3.  Devolution of property 
4.  Savings 
5. Meaning of expression “die intestate” 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
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THE HINDU WOMEN’S RIGHTS TO PROPERTY ACT, 1937 
 
ACT NO. XVIII OF 1937 
 [14th April, 1937] 
An Act to amend the Hindu Law governing Hindu Women’s Rights to Property. 
 WHEREAS it is expedient to amend the Hindu Law to give better rights to women in respect 
of property;  
 It is hereby enacted as follows:— 
 1. Short title and extent .—(1) This Act may be called the Hindu Women’s Rights to 
Property Act, 1937. 
 1[(2) It extends to the whole of Pakistan.]  
 2. Application.  Notwithstanding any rule of Hindu Law or custom to the contrary, the 
provisions of section 3 shall apply where a Hindu dies intestate leaving a widow. 
 2[3. Devolution of property. —[(1) When a Hindu governed by the Dayabhag School of 
Hindu Law dies intestate leaving any property, and when a Hindu governed by any other school of 
Hindu Law or by customary law dies intestate leaving separate property, his widow, or if there is 
more than one widow all his widows together, shall, subject to the provisions of sub -section (3), be 
entitled in respect of property in respect of which he dies intestate to the same share as a son:]   
 Provided that the widow of a predeceased son shall inherit in like manner as a son if there is 
no son surviving of such predeceased son, and shall inherit in like manner as a son’s son if there is 
surviving a son or son’s son of such predeceased son: 
 Provided further that the same provision shall apply mutatis mutandis  to the widow of a 
predeceased son of a predeceased son. 
 (2) When a Hindu governed by any school of Hindu Law other than the Dayabhag School or 
by cu stomary law dies 3[*] having at the time of his death an interest in a Hindu joint family 
property, his widow shall, subject to the provisions of sub -section (3), have in the property the same 
interest as he himself had. 
 (3) Any interest devolving on a Hindu widow under the provisions of this section shall be the 
limited interest known as a Hindu woman’s estate, provided however that she shall have the same 
right of claiming partition as a male owner. 
 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960, (XXI of 1960), s. 3 and 2nd Sch. 
 
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2Subs. by the Act No. XI of 1938, s. 3. 
3Omitted by Act No. XI of 1938, s. 3. 
 (4) The provisions of this section shall not apply to an estate which by a customary or other 
rule of succession 1[or by the terms of the grant applicable thereto] descends to a single heir or to any 
property to which the Succession Act, 1925 (XXXIX of 1925), applies.  
 4. Savings.  Nothing in this Act shall apply to the property of any Hindu dying intestate 
before the commencement of this Act. 
 1[5.Meaning of expression “die intestate”.  For the purposes of this Act, a person shall be 
deemed to die intestate in respect of all property of which he has not made a testamentary disposition 
which is capable of taking effect.]  
 
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Date: 22-07-2024 
1Ins. by the Act No. XI of 1938, ss. 3-4.