Hindu Inheritance (Removal of Disabilities) Act, 1997 (1940 A. D.)

No: 18 Dated: Dec, 04 1997

THE HINDU INHERITANCE (REMOVAL OF DISABILITES) Act, 1997 (1940 A.D.)

(Act No. XVIII of Samvat 1997)

    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 :-

1. Short title and extent. - (i) This Act may be called the Hindu Inheritance (Removal of Disabilities) Act, 1997.

(ii) It extends to the whole of the State of Jammu and Kashmir.

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 from inheritance or from any right or share in joint family property by reason only of any disease, deformity or physical or mental defect.

3. Savings. - 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.