Full Judgement
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THE HINDU GAINS OF LEARNING ACT, 1930
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title and extent.
2. Definitions.
3. Gains of learning not to be held, not to be separate property of acquirer merely for certain
reasons.
4. Savings.
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THE HINDU GAINS OF LEARNING ACT, 1930
ACT NO. 30 OF 1930
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[25th July, 1930.]
A n A c t t o r e m o v e d o u b t a s t o t h e r i g h t s o f a m e m b e r o f a H i n d u u n d i v i d e d
f a m i l y i n p r o p e r t y a c q u i r e d b y h i m b y m e a n s o f h i s l e a r n i n g .
WH E R E AS it is expedient to remove doubt, and to provide an uniform rule, as to the
rights of a me mber of a Hindu undivided fa mily in property acquired by hi m by means of
his learning; It is hereby enacted as follows:—
1. Shor t t it l e and e xt ent .—(1) T his Ac t ma y be c a l l ed t he Hi ndu Ga i ns of Le a r ni ng
Ac t , 1930.
(2) It e xt e nds to t he whol e of Indi a
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[ e xce pt t he St a t e of J a mmu a nd Ka s hmi r*].
2. De f i nit i ons .—In t hi s Act , unl e s s t he r e i s a nyt hi ng r e pugna nt in t he s ubj e ct or
c ont e xt ,—
(a) “acquirer” means a member of a Hindu undivided family, who acquires gains of
learning;
(b) “gains of learning” means all acquisitions of property made substantially by
means of learning, whether such acquisitions be made before or after the
commencement of this Act and whether such acquisitions be the ordinary or the
extraordinary result of such learning; and
(c) “learning” means education, whether elementary, technical, scientific, special or
general, and training of every kind which is usually intended to enable a person to
pursue any trade, industry, profession of avocation in life.
3. Gains of learning not to be held, not to be separate property of acquirer merely
for certain reasons.—Notwithstanding any custom, rule or interpretation of the Hindu Law,
no gains of learning shall be held not to be the exclusive and separate property of the
acquirer merely by reason of—
(a) his learning having been; in whole or in part, imparted to him by any member,
living or deceased, of his family, or with the aid of the joint funds of his family, or with
the aid of the funds of any member thereof, or
(b) himself or his family having, while he was acquiring his learning, been maintained
or supported, wholly or in part, by the joint funds of his family, or by the funds of any
member thereof.
4 . Savi ngs .—T hi s Ac t s ha l l n ot b e d e e me d i n a n y wa y t o a f f e c t—
(a) t he t e r ms or i nc i d e nt s of a n y t r a ns f e r of pr o pe r t y ma de or e f f e c t e d be f or e t he
c o mme nc e me nt of t hi s A c t ,
(b) the validity, invalidity, effect or consequences of anything already suffered or done before
the commencement of this Act,
(c) any right or liability created under a partition, or an agreement for a partition,
of joint family property made before the commencement of this Act, or
1. The Act has been extended in its application to Dadra and Nagar Haveli (w.e.f. 1-7-19651 by Reg. 6 of 1963, s. 2 and the
First schedule and to the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch.
2. Subs. by Act 48 of 1959, s. 3 and Sch. 1, for certain words (w.e.f 1-2-1960).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory
of Jammu and Kashmir and the Union territory of Ladakh.
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(d) any remedy or proceeding in respect of such right or liability; or to render invalid or
in any way affect anything done before the commencement of this Act in any proceeding
pending in a Court at such commencement; and any such remedy and any such proceeding as
is herein referred to may be enforced, instituted or continued, as the case may be, as if this
Act had not been passed.
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