MYSORE HINDU INHERITANCE (REMOVAL OF DISABILITIES) ACT, 1938

5 of 1938

3rd February, 1938

An Act to amend the Hindu Law. Whereas, it is expedient to amend the Hindu Law relating to exclusion of certain classes of heirs from inheritance; It is hereby enacted as follows.

Section 1 Short title and Extent

(1) This Act may be called 11. Substituted for the words and figures "the Hindu Inheritance (Removal of Disabilities) Act, 1938" by Act No. 1 of 1956 [the Mysore Hindu Inheritance (Removal of Disabilities) Act, 1938].

(2) It extends to the 22. See the Mysore Adaptation of Laws Order, 1953 [whole of the State of Mysore except Bellary District].

Section 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 disease, deformity or physical or mental defect.

Section 3 Saving and exception

Nothing herein contained shall affect any right which has accrued or any liability which has been incurred before the commencement of this Act, 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.