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BOMBAY HINDU HEIRS' RELIEF ACT, 1866, (Maharashtra) Preamble 1 - Bare Act

StateMaharashtra Government
Year
Section Title THE BOMBAY HINDU HEIRS' RELIEF ACT, 1866
Act Info:

THE BOMBAY HINDU HEIRS' RELIEF ACT, 1866

[Act No. 7 of1866]1

[31st May, 1866]

Repealed in part, by Act12 of1873;

Bom.3 of1886.

PREAMBLE

An Act to limit the liability of a son, grandson or heir of, a deceased Hindu for the debts of his ancestor, And the liability of the second husband of a Hindu widow for the debts of her deceased husband, and otherwise to amend the law of debtor and or editor.

Where as according to the law in force, as applied to Hindus by the High. Court of Judicatures at Bombay in the exercise of its ordinary original civil jurisdiction, no son or grandson of a deceased Hindu in liable for the debts of his ancestor merely by reason of his being such son or grandson, and no son, grandson or other heir of deceased Hindu, who has received assets of the deceased, is merely from that circumstance liable for the debts of bin ancestor beyond the amount of the assets received, and no person marrying a Hindu widow is liable in consequence of such marriage for the debts of her former or any prior deceased husband;

and whereas a different law is applied to Hindus by the Civil Courts which exercise jurisdiction in places beyond the local limits of the ordinary original civil jurisdiction of the said High Court, and it is expedient to amend the law as applied by such other Courts, and to make the law in that respect uniform throughout the Presidency of Bombay;

and whereas it in also expedient to limit the liability of a Hindu for a family-debt contracted when he was unborn or under twenty-one yours of age;

It is hereby enacted and declared as follows:--

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1 For Statement of Object and Reasons, see Bombay Government Gazette,1886, Supplement, p.320; for Report of the Select Committee see ibid, p.367; and for Proceedings in Council, see ibid., pp. 330, 352, 372 and 373.



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