The Himachal Pradesh (Restriction to Contest Alienation or Adoption under Custom) Act, 1976

THE HIMACHAL PRADESH (RESTRICTION TO CONTEST 
ALIENATION OR ADOPTION UNDER CUSTOM) ACT, 1976. 
ARRANGEMENTOF SECTIONS 
Sections: 
1. Short title, extent and commencement. 
2. Definitions. 
3. Scope of Act. 
4. Limitation o the right to contest alienatiojns and 
appointments of heirs. 
5. Alienation of non-ancestral property. 
6. Repeal.  
7. Savings. 
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THE HIMACHAL PRADESH (RESTRICTION TO CONTEST 
ALIENATION OR ADOPTION UNDER CUSTOM) ACT, 1976 
(ACT NO. 27 OF 1976)1 
(Received the assent of the President of India, on the 1st July, 1976 
and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 
13th July, 1976, pp. 1401-1402). 
An Act to amend and consolidate the law relating to imposition of 
restrictions on the power of descendants or collateral to contest 
an alienation of immovable property or the appointment of an 
heir on the ground that such alienation or appointment is 
contrary to custom. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Twenty-seventh year of the Republic of India as follows:- 
1.  Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh (Restriction to Contest Alienation or Adoption 
under Custom) Act, 1976. 
 
(2) It extends to the whole of Himachal Pradesh. 
 
(3) It shall come into force at once. 
 
                                                 
1.  For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 8th March, 1976, p. 841. 
2  THE HIMACHAL PRADESH (RESTRICTION TO CONTEST ALIENATION OR 
ADOPTION UNDER CUSTOM) ACT, 1976 
2. Definitions.- In this Act,- 
 
(a) “alienation” includes any testamentary disposition of 
property; and 
 
(b) “appointment of an heir” include any adoption made or 
purporting to be made according to custom. 
 
3. Scope of the Act.-  This Act shall apply only in respect of 
alienations of immovable property or appointments or heirs made by persons 
who in regard to such alienations or appointments are governed by custom. 
 
4. Limitation on the right to contest alienations and appointment 
of heirs.- Subject to the provisions contained in section 7 and notwithstanding 
anything to the contrary contained in section 5 of the Punjab Laws  Act, 1872 
(4 of 1872), as in force in Himachal Pradesh, no person shall contest any 
alienation of ancestral immovable property or any appointment of an heir to 
such property on the ground that such alienation or appointment is contrary to 
custom, unless such person is descended in male lineal descent from the great-
grand father of the person making the alienation or appointment.  
 
5. Alienation  of non-ancestral property.-  Notwithstanding 
anything to the contrary contained in section 5 of the Punjab Laws Act, 1872 
(4 of 1872), as in force in Himachal Pradesh, no person shall contest any 
alienation of non-ancestral immovable property or any appointment of an heir 
to such property on the grounds that such alienation or appointment is 
contrary to custom. 
 
6.  Repeal.- The Punjab Custom (Power to Contest) Act, 1920 (2 of 
1920), as applied to Bilaspur district of Himachal Pradesh by an Bilaspur  
(Application of Laws) Order, 1949 and the Punjab Custom (Power to Contest) 
Act, 1920 (2 of 1920), in its application to the territories added to Himachal 
Pradesh under section 5 of the Punjab  Re-organisation Act, 1966 (31 of 1966, 
are hereby repealed. 
 
7. Savings.-  This Act shall not affect any right to contest any 
alienation or appointment of an heir made before the date on which this Act 
comes into force and every proceeding contesting an alienation or 
appointment of an heir made before the commencement of this Act shall be 
disposed of as if the Acts mentioned in section 6 had not been repealed and 
this Act had not come into force. 
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