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The Dispositions of Property (Bombay) Validation Act, 1947.

Maharashtra · state statute
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1947 : 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,”. 
 

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