Report No. 250
6. Hindu Inheritance (Removal of Disabilities) Act, Act 12 of 1928
Category: Personal Laws
The Act provided that no person governed by Hindu law would be excluded from any right or share in joint family property by reason only of any disease, deformity, or physical or mental defect. However, the Act excluded a person who had been from birth a lunatic or an idiot. The purpose of the Act has now been subsumed by Section 28 of the Hindu Succession Act, 1956 which provides that no person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity.
There are no instances of recent judgments rendered under this Act. The 1928 Act is now redundant. Hence, the Central Government should repeal this Act. A suitable savings clause needs to be inserted in the repealing Act.