Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 191]

British India - Act

Hindu Wills Act, 1870

BRITISH INDIA
India

Hindu Wills Act, 1870

Act 021 of 1870

  • Published in Gazette of India on 7 July 1870
  • Not commenced
  • [This is the version of this document from 7 July 1870.]
  • [Note: The original publication document is not available and this content could not be verified.]
Repealed by Act 39 of 1925Passed by the Governor General of India in Council.(Received the assent of the Governor General on the 19th July 1870).An Act to regulate the Wills of Hind s, Jamas, Sikhs and Buddhists in the Lower Provinces of Bengal and in the towns of Madras and Bombay.PREAMBLEWhereas it is expedient to provide rules for the execution, attestation, revocation, revival, interpretation and probate of the wills of Hind s, Jainas, Sikhs and Buddhists in the territories subject to the Lieutenant Governor of Bengal and in the towns of Madras and Bombay; It is hereby enacted as follows:

1. Short title

This Act may be called The Hind Wills Act, 1870.

2. Certain portions of Sucession Act extended to wills of Hindus, Jains, Sikhs and Buddhists

The following portions of the Indian Succession Act, 1865, namely, sections forty-six, forty-eight, forty-nine, fifty, fifty-one, fifty-five and fifty-seven to seventy-seven (both inclusive), sections eighty-two, eighty-three, eighty-five, eighty-eight to one hundred and three (both inclusive), sections one hundred and six to one hundred and seventy-seven (both inclusive), sections one hundred and seventy-nine to one hundred and eighty-nine (both inclusive), sections one hundred and ninety-one to one hundred and ninety-nine (both inclusive), so much of Parts XXX ind XXXI as relates to grants of probate and letter of administration with the will annexed, and Parts XXXIII to XL (both inclusive), so far as they relate to an executor and an administrator with the will annexed.shall, notwithstanding anything contained in section three hundred and thirty-one of the said Act, apply
(a)Extent of Act. to all wills and codicils made by any Hind , Jaina, Sikh or Buddhist, on or after the first day of September one thousand eight hundred and seventy, within the said territories or the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and
(b)to all such wills and codicils made outside those territories and limits, so far as relates to immoveable property situate within those territories or limits:

3. Provisos

Provided that marriage shall not revoke any such will or codicil:And that nothing herein contained shall authorise a testator to bequeath property which he could not have alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for section two of this Act, he could not deprive them by will:And that nothing herein contained shall vest in the executor or administrator with the will annexed of a deceased person any property which such person could not have alienated inter vivos:And that nothing herein contained shall affect any law of adoption or intestate succession:And that nothing herein contained shall authorise any Hind , Jaina, Sikh or Buddhist to create in property any interest which he could not have created before the first clay of September one thousand eight hundred and seventy.

4. Partial repeal of Bengal Regulation V of 1799, section 2

On and from that day, section two of Bengal Regulation V of 1799 shall be repealed so far as relates to the executors of persons who are not Muhammadans, but are subject to the jurisdiction of a District Court in the territories subject to the Lieutenant Governor of Bengal.

5. Saving of rights of Administrator General

Nothing contained in this Act shall affect the rights, duties and privileges of the Administrators General of Bengal Madras and Bombay, respectively

6. Interpretation-clause

In this Act and in the said sections and Parts of the Indian Succession Act, all words defined in section three of the same Act shall, unless there be something repugnant in the subject or context, be deemed to have the same meaning as the said section three has attached to such words respectively:And in applying sections sixty-two, sixty-three, ninety-two, ninety-six, ninety-eight, ninety-nine, one hundred one hundred and one, one hundred and two, one hundred and three and one hundred and eighty-two of the said Succession Act, to wills and codicils made under this Act, the words son sons, child and children shall be deemed to include an adopted child; and the word grand-children shall be deemed to include the children, whether adopted or natural-born, of a child whether adopted or natural-born; and the expression daughter-in-law shall be deemed to include the wife of an adopted son:And in making grants under this Act, of letters of administration with the will annexed or with a copy of the will annexed, section one hundred and ninety-five of the said Succession Act shall be construed as if the words and in case the Hind Wills' Act had not been passed were added thereto; and section one hundred and ninety-eight of the said Succession Act shall be construed as if, after the word intestate, the words and the Hind Wills' Act had not been passed were inserted; and sections two hundred and thirty and two hundred and thirty-one of the said Succession Act shall be construed as if the words if the Hind Wills' Act had not been passed were added thereto, respectively.