The Dispositions of Property (Bombay) Validation Act, 1947.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1947 : Bom. LIV] 1
THE DISPOSITIONS OF PROPERTY (BOMBAY)
VALIDATION ACT, 1947
[Text as on 4th June 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title.
2. Application of Act.
3. Validation of certain dispositions.
4. Saving.
SCHEDULE
2 The Dispositions of Property (Bombay) Validation Act, 1947 [1947 : Bom. LIV
1947 : Bom. LIV] The Dispositions of Property (Bombay) Validation Act, 1947 3
BOMBAY ACT No. LIV OF 19471
[THE DISPOSITIONS OF PROPERTY (BOMBAY) VALIDATION ACT, 1947.]
[16th January 1948]
An Act to validate certain dispositions of property in the
Province of Bombay.
WHEREAS, it is expedient to validate certain dispositions of property in the Province of
Bombay ; It is hereby enacted as follows:—
1. Short t itle.— This Act may be called the Dispositions of Property (Bombay) Validation
Act, 1947.
2. Application of Act.— This Act shall apply to all trusts made, and to all wills and other
testamentary dispositions of persons who have died, before the first day of January one thousand nine
hundred and forty-five—
(a) where such trusts, wills or testamentary dispositions relate to immovable property situate
within the Province of Bombay ;
(b) where such trusts, wills or testamentary dispositions relate to property of every
description other than immovable property and are declared, executed or made by a settlor or
testator, as the case may be, in the Province of Bombay, notwithstanding anything to the contrary
contained in Part II of the Indian Succession Act, 1925 (XXXIX of 1925).
3. Validation of certain dispositions.— (1) The following provisions of law shall not apply and
shall be deemed never to have applied to the dispositions of property contained in or made by the
instruments mentioned in section 2, namely, ( a) section 13 of the Transfer of Property Act, 1882
(IV of 1882), and (b) section 113 of the Indian Succession Act, 1925 (XXXIX of 1925).
(2) To the dispositions of property contained in or made by the instruments mentioned in
section 2 the enactments mentioned in the first column of the Schedule to the Act shall apply, and shall
be deemed to have always applied, with the omissions and modifications specified in the second
column of the Schedule.
4. Saving.— Nothing in this Act shall be deemed to affect or prejudice in any way any right, title
or interest accrued to any person under a final decree or order of a competent court or acquired by any
person for valuable consideration before the coming into force of this Act.
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1947, Part V, page 386.
4 The Dispositions of Property (Bombay) Validation Act, 1947 [1947 : Bom. LIV
SCHEDULE
1
Enactments.
2
Ommissions and modifications.
Section 15 of the Transfer of
Property Act, 1882.
For “sections 13 and” substitute “section”.
Section 16 of the Transfer of For
Property Act, 1882.
“sections 13 and” substitute “section”.
Clause (b) of section 3 of the
Hindu Disposition of
Property Act, 1916.
Omit “113,”.
Section 115 of the Indian
Succession Act, 1925.
Omit “section 113 or”.
Section 116 of the Indian
Succession Act, 1925.
For “sections 113 and” substitute “section”.
Schedule III to the Indian
Succession Act, 1925.
Omit “113,”.
Clause (5) under the heading
“Restrictions and
modification in application
of foregoing sections”
in Schedule III to the Indian
Succession Act, 1925.
Omit “one hundred and thirteen,”.
Lex