PUNJAB HINDU WOMEN'S RIGHTS TO AGRICULTURAL LAND ORDINANCE, 1959

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 4cfb9d0c8ae567c29ff074ceb238375e1627c04ee3eb9350a48755e17f183bbc.

THE PUNJAB HINDU WOMEN’S RIGHTS TO 
AGRICULTURAL LAND ORDINANCE, 1959 
(XI of 1959) 
CONTENTS 
1. Short title and extent. 
2. Application. 
3. Devolution of agricultural land. 
4. Repeal and savings. 
 
 
TEXT 
1
THE 
2
[PUNJAB] HINDU WOMEN’S RIGHTS TO AGRICULTURAL LAND 
ORDINANCE, 1959 
(XI of 1959) 
[26 March 1959] 
An 
Ordinance 
to consolidate the Hindu Law governing Hindu Women’s rights to agricultural land in 
the Province of 
3
[the Punjab]. 
Preamble.– WHEREAS it is expedient to consolidate the Hindu Law governing 
Hindu Women’s rights to agricultural land in the Province of 
4
[the Punjab]; 
 NOW, THEREFORE, in pursuance of the Presidential Proclamat ion of the 7th 
day of October, 1958, and in exercise of all powers enabling him in that behalf, the 
Governor of West Pakistan is pleased to make and promulgate the following 
Ordinance:– 
1. Short title and extent.– (1) This Ordinance may be called the 
5
[Punjab] Hindu 
Women’s Rights to Agricultural Land Ordinance, 1959. 
 
6
[(2) It extends to the whole of the Province of  
7
[the Punjab] , except the 
Tribal Areas.] 
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. 
Explanation I .– A person shall be deemed to die intestate in respect of all 
agricultural land of which he has not made a testamentary disposition which is 
capable of taking effect. 
Explanation II.–This Ordinance shall not affect any rule of succession  prescribed in 
respect of tenants rights in agricultural land by any enactment relating to tenancy 
rights for the time being in force. 
                                                           
1This Ordinance was promulgated by the Governor of West Pakistan on March 19, 1959 , published in the Gazette of West 
Pakistan (Extraordinary), dated March 2 6, 1959, p p. 201-203; saved and given permanent effect by Article 225 of the 
Constitution of the Islamic Republic of Pakistan (1962). 
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.  14.8.1973), 
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2, read with Schedule, 
Part III, Entry No. 21. 
3Ibid. 
4Ibid. 
5Ibid. 
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West 
Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2, read with Schedule, Entry No. 20. 
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.  14.8.1973), 
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2, read with Schedule, 
Part III, Entry No. 21. 
3. Devolution of agricultural land .– (1) When a Hindu governed by the  
Dayabhag School of Hindu Law dies intestate leaving any agricultural land, and a 
Hindu governed by any other school of Hindu Law or by customary law dies intestate 
leaving separate agricultural land, his widow, or if there are more than one widow all 
his widows together, shall, subject to the provisions of sub -section (3), be entitled in 
respect of the agricultural land 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 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 customary law dies having at the time of his death an 
interest in a Hindu joint family agricultural land, his widow shall,  subject to the 
provisions of sub-section (3), be entitled to the same interest in the agricultural land 
as he himself had. 
 (3) Any interest devolving on a Hindu widow under the provisions of this 
section shall be the limited interest known in Hindu Law a s a Hindu women’s estate, 
provided however that she shall have the same right of claiming partition as a male 
owner. 
 (4) The provisions of this section shall not apply to an estate which by a 
customary or other rule of succession or by the terms of the gr ant applicable thereto 
descends to a single heir or to any property to which the Succession Act, 1925
1
, 
applies. 
4. Repeal and savings .– (1) The following enactments and amendments 
thereby made in the Hindu Women’s Rights to Property Act, 1937
2
, are hereby  
repealed:– 
(a) The North -West Frontier Province Hindu Women’s Rights to Property 
(Extension to Agricultural Land) Act, 1942
3
; and 
(b) The Hindu Women’s Rights to Property (Sind Extension to Agricultural 
Land) Act, 1943
4
. 
 (2) Nothing in this Ordinance shall apply to the property of any Hindu dying 
intestate before the commencement of this Ordinance. 
 
 
 
                                                           
1XXXIX of 1925. 
2XVIII of 1937. 
3N.W.F.P. VI of 1942. 
4Sind IX of 1943.