Bare Act

The Jammu and Kashmir Hindu Inheritance (Removal of Disabilities) Act, 1940

This law prevents people with physical or mental disabilities from being excluded from their family inheritance shares under Hindu law. Under traditional practices, disabilities could disqualify someone from inheriting, but this Act removes that restriction for individuals governed by Hindu law, except for permanent lunatics or idiots. It ensures equal inheritance rights regardless of health conditions. The provision applies across Jammu and Kashmir and doesn't affect pre-existing legal rights, religious trusts, or offices. The law eliminates discriminatory aspects of customary inheritance while preserving established property rights and religious arrangements, ensuring that disability cannot be used to legally deprive family members of their rightful shares in joint family property.

PDF: pending for this language.