Abolition of Fideicommissa and Entails ACT

Arrangement of Sections

1. Short title.

2. Prohibition on creation of fideicommissa.

3. Restrictions created in instruments executed after the date of operation of this Act.

4. Restrictions existing in instruments executed prior to the date of coming into operation of the Act.

5. In the case of successive beneficiaries under a trust, the interest of the present beneficiary to be deemed to be absolute.

6. Persons vested with title by virtue of this Act, to have absolute disposing power.

7. Right of repurchase or revocation.

8. Power of fiduciary vested with ownership under this Act to transfer property to Fideicommissary.

9. Saving of simple trusts, usufructs and personal servitudes.

10. Repeal of Entail and Settlement Ordinance.

11. This Act to prevail over any other law.

12. Interpretation.

20 of 1972.

AN ACT to abolish Fideicommissa, entails, settlements and restraints on alienation; to regulate and provide for title to property now subject to Fideicommissa, entails, settlements and restraints, to limit the creation or operation of interests in remainder or reversion, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 12th May, 1972]

1. Short title.

This Act may be cited as the Abolition of Fideicommissa and Entails Act.

2. Prohibition on creation of fideicommissa.

From and after the date on which this Act shall come into operation, no provision contained in any Will, Deed or other instrument shall have the effect of creating any Fideicommissum, entail, settlement or restraint on alienation of property, or have the effect of limiting or curtailing the rights of the person to whom property has been disposed by such Will, Deed or other instrument, in such a manner that upon the happening of some future event, whether such event is certain to happen or not, or upon the expiry of some period of time, rights in such property become vested in any other successor.

3. Restrictions created in instruments executed after the date of operation of this Act.

Where any Will, Deed or other instrument executed after the coming into operation of this Act, contains any provision that creates or purports to create or has the effect of creating any disposition of property which is in conflict or inconsistent with the provisions of section 2 of this Act, such property shall, notwithstanding such provision, be held absolutely free of any Fideicommissum, entail, settlement, restraint on alienation, limit or curtailment, and no other successor, whether named or described therein or not, shall have or be deemed to have any right or title to such property under the terms of such disposition.

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