1THE
2[ PUNJAB] HINDU WOMEN’S RIGHTS TO
AGRICULTURAL LAND ORDINANCE, 1959
( XI of 1959)
[26th
March, 1959]
An
Ordinance
to consolidate the Hindu
Law governing Hindu Women’s rights to agricultural land in the Province of 3[the Punjab]
Preamble.— WHEREAS it is expedient to consolidate
the Hindu Law governing Hindu Women’s rights to agricultural land in the
Province of 4[ the Punjab];
NOW, THEREFORE,
in pursuance of the Presidential Proclamation of the 7th day of October, 1958,
and in exercise of all powers enabling him in that behalf, the Governor of West
Pakistan is pleased to make and promulgate the following Ordinance:-
1. Short title and extent.— (1) This
Ordinance may be called the 5[Punjab] Hindu
Women’s Rights to Agricultural Land Ordinance, 1959.
6[(2) It
extends to the whole of the Province of 7[the Punjab], except the Tribal
Areas.]
2. Application.— Notwithstanding any rule
of Hindu Law or custom to the contrary, the provisions of section 3 shall apply
where a Hindu dies intestate.
Explanation I— A
person shall be deemed to die intestate in respect of all agricultural land of
which he has not made a testamentary disposition which is capable of taking
effect.
Explanation II—This
Ordinance shall not affect any rule of succession prescribed in respect of
tenants rights in agricultural land by any enactment relating to tenancy rights
for the time being in force.
3. Devolution of agricultural land.— (1)
When a Hindu governed by the Dayabhaga School
of Hindu Law dies intestate leaving any agricultural land, a Hindu governed by
any other school of Hindu Law or by customary law dies intestate leaving
separate agricultural land, his widow, or if there are more than one widow all
his widows together, shall, subject to the provisions of subsection (3), be
entitled in respect of the agricultural land 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 son’s son if there is surviving 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 Dayabhaga School or by
customary law dies having at the time of his death an interest in a Hindu joint
family agricultural land, his widow shall, subject to the provisions of
sub-section (3), be entitled to the same interest in the agricultural land as
he himself had.
(3)
Any interest devolving on a Hindu widow under the
provisions of this section shall be the limited interest known in Hindu Law as
a Hindu women’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 or by the terms of the
grant applicable thereto descends to a single heir or to any property to which
the Succession Act, 19258, applies.
4. Repeal and savings.— (1) The following
enactments and amendments thereby made in the Hindu Women’s Rights to Property
Act, 19379, are hereby repealed:-
(a)
The North-West Frontier Province Hindu Women’s Rights
to Property (Extension to Agricultural Land) Act, 194210;
and
(b)
The Hindu Women’s Rights to Property (Sind Extension to
Agricultural Land) Act, 194311.
(2) Nothing
in this Ordinance shall apply to the property of any Hindu dying intestate
before the
commencement of this Ordinance.
_____________________
1
This Ordinance was promulgated by the Governor of West
Pakistan on 19th March, 1959; published in the West Pakistan Gazette
(Extraordinary), dated 26th March, 1959, pages 201-203; saved and given
permanent effect by Article 225 of the Constitution of the Islamic Republic of
Pakistan (1962).
2
Substituted by the Punjab Laws (Adaptation) Order, 1974
(Pb. A.O. 1 of 1974), for “West Pakistan”. 3 Ibid.
4 Ibid. 5 Ibid.
6 Substituted
by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964).
7 Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West
Pakistan”. 8 XXXIX of 1925.
9 XVIII of
1937.
10 N.W.F.P. VI
of 1942.
11 Sind IX of
1943.
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