THE HINDU INHERITANCE (REMOVAL OF DISABILITIES) ACT, 1928
Year : 1928

Act :

THE HINDU INHERITANCE (REMOVAL OF DISABILITIES) ACT, 1928.ACT No. 12 OF 1928.[20th September, 1928.]

An Act to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain doubts.



WHEREAS it is expedient to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain doubts; It is hereby enacted as follows:-




INDIA CODE, VOL-VIA.


1.Short title, extent and application.


1.Short title, extent and application.-(1) This Act may be called the Hindu Inheritance (Removal of Disabilities) Act, 1928.1*[(2) It extends to the whole of India 2*[except the State of
Jammu and Kashmir].]

(3) It shall not apply to any person governed by the Dayabhaga
School of Hindu Law*3.2.Persons not to be excluded from inheritance or rights in joint family property.


2. Persons not to be excluded from inheritance or rights in joint family property.-Notwithstanding any rule of Hindu Law or custom to the contrary, no person governed by the Hindu Law, other than a person who is and has been from birth a lunatic or idiot, shall be excluded 4* * * from any right or share in joint family property by reason only of any disease, deformity, or physical or mental defect.



3.Saving and exception.


3.Saving and exception.-Nothing contained in this Act shall affect any right which has accrued or any liability which has been incurred before the commencement thereof, or shall be deemed to confer upon any person any right in respect of any religious office or service or of the management of any religious or charitable trust which he would not have had if this Act had not been passed.



1 Subs. by the A. O. 1950, for the former sub-section,

2 Subs. by Act 48 of 1959, s. 3 and Sch. I, for certain words
(w.e.f. 1-2-1960). [The Act has been extended to Dadra and Nagar
Haveli by Reg. 6 of 1963, s. 2 and Sch. I.]

3 In its application to Pondicherry, in section 1, sub-section
(3), the following shall be added at the end-

"or to the Renoncants of the Union territory of Pondicherry."-(Vide
Act 26 of 1968).

4 The words "from inheritance or" omitted by Act 48 of 1959, s.3.and Sch. I (w.e.f. 1-2-1960).


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