Hindu Disposition of Property Act, 1916

(1) This Act may be called the Hindu Disposition of Property Act, 1916. (2) It extends to the whole of India except the State of Jammu and Kashmir .

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. Comment : The Act is not retrospective in nature. Section 2 covers cases of disposition of property after the commencement of the Act. AIR 1937 All 197

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 (Chapter II) of the Transfer of Property Act, 1882 (4 of 1882) and (b) in respect of dispositions by will those contained in (sections 113, 114, 115 and 116 of the Indian Succession Act, 1925 (33 of 1925).

(Rep. By the Transfer of Property (Amendment) (Supplementary) Act, 1929 (21 of 1929), sec. 12.

community.- Where the (State Government) is of onion that the Khoja community in the (State) or any part thereof desire that the provisions of this Act should be extended to such community, it may be notification in the 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 "Hindu" 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.