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Hindu Disposition of Property Act, 1916 Preamble 1

Title: Hindu Disposition of Property Act, 1916

State: Central

Year: 1916

THE HINDU DISPOSITION OF PROPERTY ACT, 1916 [Act, No. 15 of 1916] [28th September, 1916] PREAMBLE 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 of persons not in existence at the date of such disposition ; it is hereby enacted as follows:---

Hindu Disposition of Property Act, 1916 Section 2

Title: Disposition for the Benefit of Persons Not in Existence

State: Central

Year: 1916

Subject to the limitations and provisions specified in this Act, no disposition of property by a Hindu, whether by a transfer inter vivos or by will, shall be invalid by reason only that any person for whose such benefit it may have been made was not in existence at the date of such disposition.

Hindu Disposition of Property Act, 1916 Complete Act

State: Central

Year: 1916

.....to attempt to combine '.heir provisions in a composite clause, and we have preferred in section 3of the Bill, as revised by us. lo incorporate the sections of the Acts in question by reference. We are well aware that referential legislation of this kind is open to objection, but in the circumstances, we feel that the practical advantage of reference to a well known Code, and the incorporation of all the decisions under these provisions outweigh any such objection. In this connection, we have thought it well to include the provisions of section 20 of the Transfer of Property Act, 1882, as the wording of the Transfer of Property, differing in that respect from the Indian Succession Act does not without this section, make it clear that the property is vested. The only other change of substance is the omission of clause 6 of the Bill as referred to us. A perusal of the opinions recorded on the Bill leads us to the conclusion that there is no clear manifestation of opinion in favour of the retention of the English rule laid down by the clause of question, and we think, in the absence of any consensus of opinion in favour of the rule that the clause should be omitted. The remaining.....

The Disposition of Property (Bombay) Validation Act, 1947 Complete Act

State: Central

Year: 1947

..... SECTION 01: SHORT TITLE This Act may be called the Disposi tions of Property (Bombay) Validation Act, 1947. SECTION 02: APPLICATION OF ACT This Act shall apply to all trusts made, and to all wills and other testamentary disposi tions 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 dispo sitions relate to immovable property situate within the 2[Bombay area of the State of Maharashtra]. (b) where such trusts, wills or testamentary dis positions 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 [Bombay area of the State of Maharashtra, notwithstanding anything to the contrary contained in Part II of the Indian Succession Act, 1925.] SECTION 03: 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).....

Hindu Disposition of Property Act, 1916 Section 3

Title: Limitations and Conditions

State: Central

Year: 1916

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 {Substituted by Act 21 1929, sections 12, for "sections 13, 14 and 20".}[Chapter II] of the Transfer of Property Act, 1882, (4 of 1882) and (b) in respect of disposition by will, those contained in {Substituted by Act 21 of 1929, sections 12, for "sections 100 and 101 of the Indian Succession Act, 1865".}[sections 113, 114 and 115 of the Indian Succession Act, 1925].

Hindu Disposition of Property Act, 1916 Section 1

Title: Short Title and Extent

State: Central

Year: 1916

(1) This Act may be called the Hindu Disposition of Property Act, 1916. (2) It extends in the first instance to{ Substituted, by the A.O.1950 for "all the Provinces of India except".} [the whole of India] {Substituted, by the Adaptation of Laws (No.2) Order, 1956, for "except Part B States and the State of Madras".} [except the territories which, immediately before the 26th January, 1950, were comprised in the Province of Madras and the territories which, immediately before the 1st October 1956, were comprised in Part B States]: Provided that the { Substituted, by the A.O.1937 for "G.G in C."} [ State Government] may, by notification in the official Gazette, extend this Act {Substituted by the Adaptation of Laws (No.2) Order, 1956, for "to the State of Madras" }[to any part of the said territories of Madras.]

Hindu Disposition of Property Act, 1916 Section 4

Title: Failure of Prior Disposition[Repealed]

State: Central

Year: 1916

Rep.by the Transfer of Property (Amendment) Supplementary Act,1929 (21 of 1929), section 12.

Hindu Disposition of Property Act, 1916 Complete Act

Title: Hindu Disposition of Property Act, 1916

State: Central

Year: 1916

Preamble1 - HINDU DISPOSITION OF PROPERTY ACT, 1916 Section1 - Short title and extent Section2 - Disposition for the benefit of persons not in existence Section3 - Limitations and conditions Section4 - Failure of prior disposition[Repealed] Section5 - Applications of this Act to the Khoja community

Hindu Disposition of Property Act, 1916 Section 5

Title: Applications of This Act to the Khoja Community

State: Central

Year: 1916

Where the {Substituted, by the A.O.1937, for "C.G.in C".} [State Government] is of opinion that the Khoja community in {Substituted, by the A.O.1937, for "British India".} [the State] or any part thereof desire that the provisions of this Act should be extended to such community {Substituted, by the A.O.1937, for "he".}[it] may, by 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.

Estate Duty Act, 1953 [Repealed] Section 27

Title: Dispositions in Favour of Relatives

State: Central

Year: 1953

....., this section shall have effect in like manner as if the disposition had been made in favour of a relative of his, unless it is shown to the satisfaction of the Controller that no relative of the deceased was, at the time of the disposition or subsequently during the life of the deceased, a member of the company. Explanation.- For the purposes of this sub-section a person who is, or is deemed by virtue of this provision to be, a member of a controlled company which is a member of another such company shall be deemed to be a member of that other company. (6) Where there have been associated operations effected with reference to the receiving by the deceased of any payment in respect of such an annuity or other interest as is mentioned in sub-section (2) , or effected with a view to enabling him to receive or to facilitating the receipt by him of any such payment, this section shall have effect in relation to each of those associated operations as it has effect in relation to the creation or disposition in favour of the deceased of such an annuity or other interest. (7) In this section.- (i) " relative" means, in relation to the deceased,.- (a) the wife or husband of.....