[1]ACT NO. XVIII OF 1937 [14th April, 1937] An Act to amend
the Hindu Law governing Hindu Women?s Rights to Property. WHEREAS it is
expedient to amend the Hindu Law to give better rights to women in respect of
property ; It is hereby
enac?ted as follows :__ (1) This Act may be called the Hindu Women?s Rights to Property
Act, 1937. [2][(2) It extends to the whole of Pakistan.] Notwithstanding
any rule of Hindu Law or custom to the contrary, the provisions of
section 3 shall apply where a Hindu dies intestate leaving a widow. (1) When a Hindu governed by the Dayabhag
School of Hindu Law dies intestate leaving any property, and when a
Hindu governed by any other school of Hindu Law or by customary law dies
intestate leaving separate property, his widow, or if there is more than one widow
all his widows together, shall, subject to the provisions of sub-section (3), be entitled in respect
of pro?perty in respect of which he dies intestate
to the same share as a son:] Provided that the widow of a predeceased son shall inherit in like
manner as a son if there is no son surviving of such predeceased son, and shall
inherit in like manner as a son?s son if there is sur?viving a son or son?s son of such
predeceased son: Provided further that the same provision shall apply mutatis mutandis to
the widow of a predeceased son of a predeceased son. (2)
When a Hindu governed by any school of Hindu Law other
than the Dayabhag School or by customary law dies [4]* having
at the time of his death an interest in a Hindu joint family property, his widow
shall, subject to the provisions of sub-section (3), have in the property the
same interest as he himself had. (3)
Any interest devolving on a Hindu widow under the pro?visions of this section shall be the limited interest
known as a Hindu woman?s estate, provided however that she shall have the same
right of claiming partition as a male owner. (4)
The provisions of this section shall not apply to an
estate which by a customary or other rule of succession [5][or by
the terms of the grant applicable thereto] descends to a single heir or to any
property to which the Succession Act, 1925 (XXXIX of 1925), applies. Nothing in this Act shall apply to the property of any Hindu dying
intestate before the commencement of this Act. For the purposes of this Act, a person shall be deemed to die
intestate in respect of all property of which he has not made a testamentary
disposition which is capable of taking effect.] [1] For Statement of Objects and Reasons, see Gazette of India, 1935,
Pt. V, p. 131; and for Report of Select Committee, see ibid., 1937, Pt. V, p.
8. The Act has been applied to Balochistan, see Gazette of India, 1938, Pt. I,
p. 1371. In the application of this Act to the N.W.F.P., Sindh the term
?Property? in the Act shall include and shall be deemed always to have included
agricultural land subject to certain conditions, see the North-West Frontier
Province Hindu Women?s Rights to Property (Extension to Agricultural Land) Act,
1942 (Governor?s Act VI of 1942), s. 2, the Hindu Women's Rights to Property,
(Sindh Extension to Agricultural Land) Act, 1943 (Sindh Act 9 of 1943), s. 2,
respectvily. [2] Subs. by the Central Laws (Statute Reform) Ordinance, 1960, (21 of
1960), s. 3 and 2nd Sch.. (with effect from the 14th October, 1955), for the
original sub-section (2), as amended by A. O., 1949 and the Repealing and
Amending Act, 1940 (32 of 1940), s. 3 and Second Schedule. [3] Subs. by the Hindu Women?s Rights to Property (Amdt.) Act, 1938 (11
of 1938), s. 3, for the paragraph preceding the first proviso in sub-section
(1). [4] The word ?intestate? omitted. by the Hindu Women?s Rights to
Property (Amdt.), Act,1938, (11 of 1938), s. 3. [5] Ins. ibid. [6] Section 5 ins. ibid. s. 4.THE HINDU WOMEN RIGHTS TO
PROPERTY ACT, 1937