1. Short title and extent.-
(1) This Act may be called the Hindu Disposition of Property Act, 1916.
1[(2) It extends2to the whole of India except the State of Jammu and Kashmir.]3
1. Subs. by Act 48 of 1959, sec. 3 and Sch. I, for sub-section (2) (w.e.f. 1-2-1960).
2. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941).
3. In its application to Pondicherry, in section 1, after sub-section (2), the following shall be insertedâ
âProvided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.ââ(vide Act 26 of 1968).
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 in1(Chapter II) of the Transfer of Property Act, 1882 (4 of 1882) and
(b) in respect of dispositions by will those contained in2(sections 113, 114, 115 and 116 of the Indian Succession Act, 1925 (33 of 1925).
1.Subs. by Act 21 of 1929, sec. 12, for âsections 13, 14 and 20â.
2.Subs. by Act 21 of 1929, sec. 12, for âsections 100 and 101 of the Indian Succession Act, 1865 (10 of 1865)â.
4. Failure of prior disposition.-
(Rep. By the Transfer of Property (Amendment) (Supplementary) Act, 1929 (21 of 1929), sec. 12.
5. Application of this Act to the Khoja community.-
Where the1[State Government] is of opinion that the Khoja community in2[the3[State]] or any part thereof desire that the provisions of this Act should be extended to such community,4[it] may be notification in the Official Gazette, declare that the provisions of this Act, with the substitutions of the word âKhojasâ or âKhojaâ as the case may be, for the word âHinduâ or âHinduâ 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.
1. Subs. by the Government of India (Adaptation of Indian Laws) Order, 1937, for âGovernor-General in Councilâ.
2. Subs. by the Government of India (Adaptation of Indian Laws) Order, 1937, for âBritish Indiaâ.
3. Subs. by the Adaptation of Laws Order, 1950, for âProvinceâ.
4. Subs. by the Government of India (Adaptation of Indian Laws) Order, 1937, for âheâ.