The Hindu Disposition of Property Act, 1916

Reproduced verbatim from the official Pakistan Code source PDF. Use Ctrl+F to search within the text below.

       THE HINDU DISPOSITION OF PROPERTY ACT, 1916




                                         CONTENTS
1.   Short title and extent

2.   Disposition for the benefit of persons not in existence

3.   Limitations and conditions

4.   [Failure of prior disposition]

5.   Application of this Act to the Khoja community




                                           Page 1 of 2
                      THE HINDU DISPOSITION OF PROPERTY ACT, 1916
                                                           1
                                                               (Act No. XV of 1916)

                                                                                                                     [28th September, 1916]

    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 or persons not in existence at the date of such
disposition;
           It is hereby enacted as follows:-
       1. Short title and extent.___ (1) This Act may be called the Hindu Disposition of Property
Act, 1916.
           2
               [(2) It extends to the whole of Pakistan]
       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 in 3[Chapter
                                 II] of the Transfer of Property Act, 1882 (IV of 1882) and
                      (b)        in respect of dispositions by will, those contained in 4[sections 113, 114, 115
                                 and 116 of the Indian Succession Act, 1925 (XXXIX of 1925).]

       4. [Failure of prior disposition]. Rep. By the Transfer of Property (Amdt.) Supplementary
Act, 1929 (XXI of 1929), s. 12.

       5. Application of this Act to the Khoja community. Where the 5[Provincial Government] is
of opinion that the Khoja community in 6[the Province] or any part thereof desire that the provisions
of this Act should be extended to such community, 7[it] may by notification in the 8[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 "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.

                                                                                                                              Date: 16-09-2024
1
  For Statement of Objects, and Reasons, see Gazette of India, 1916, Pt. V, p. 2 ; for Report of Select Committee, see ibid., 1916, Pt. V, p 76 ; and for
Proceedings in Council, see ibid., 1916, Pt. VI, pp. 19, 509, 542 and 585.
2
  Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original
sub-section (2) as amended by A. O., 1937 and A. O., 1949, Sch.
3
  Subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 12, for "sections 13, 14 and 20"
4
  Subs. ibid., for "sections 100 and 101 of the Indian Succession Act, 1865".
5
  Subs. by A. O., 1937, for "G. G. in C."
6
  Subs. ibid., for "British India".
7
  subs. ibid., for "he"
8
  Subs. ibid., for "Gazette of India".


                                                                   Page 2 of 2


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.