Central

Section 17 of The Sir Jamsetjee Jejeebhoy Baronetcy Act, 1915 in hindi

Baronet in possession may jointure.

It shall be lawful for Sir Jamsetjee Jejeebhoy, Fifth Baronet, and for any person upon whom the said title of Baronet shall, from time to time, descend when in the actual enjoyment of the said title, and who shall not refuse, neglect, or discontinue to use, for the respective periods hereinbefore in that behalf mentioned, the said names of "Jamsetjee Jejeebhoy" as hereinbefore enacted, either before or after his marriage with any woman or women by any Deed or Deeds, writing or writings, with or without power of revocation, to be by him sealed and delivered in the presence of two or more credible witnesses (but subject and without prejudice to any annuity or annuities, if any, which shall be then subsisting and payable by virtue of any appointment made under and in pursuance of this present power), to limit and appoint unto any woman or women whom he shall marry, for her or their life or lives, and for her or their jointure, or jointures, in bar of dower or other legal or customary rights, any annuity or yearly sum not exceeding the sum of rupees ten thousand, clear of all taxes, charges and deductions whatsoever, to commence and take effect immediately after the decease of the person limiting or appointing the same, and to be issuing and payable out of the dividends, interest, and annual income, of the said stocks, funds, and securities and to be paid and payable by equal half-yearly payments on the thirtieth day of June and the thirty-first day of December; the first of the said half-yearly payment to be made on the half-yearly day which shall first happen after the decease of the person who shall have appointed such annuity or yearly sum, provided always, that in case any person on whom such title shall descend, shall have refused or neglected to use the names of "Jamsetjee Jejeebhoy," or shall discontinue to use such names for six calendar months consecutively during his natural life, every such limitation and appointment, either previously or afterwards made by him, shall be and become inoperative and invalid; and no such annuity thereby created or appointed shall take effect or be payable or chargeable on the said stocks, funds, and securities, notwithstanding any such limitation or appointment.

Summary

The Fifth Baronet or any succeeding Baronet in actual enjoyment of the title can set up a jointure, which is an annual support payment, for any woman he marries.
The Baronet must not have refused, neglected, or stopped using the name Jamsetjee Jejeebhoy under the name requirements.
The jointure is created by a written deed or document, with or without a power to revoke it, and must be signed and sealed in front of two or more credible witnesses.
The payment begins immediately after the Baronet's death and is payable out of the dividends, interest, and annual income of the trust's stocks, funds, and securities.
If the Baronet fails to use the required name or discontinues using it for six consecutive months, any jointure he created, whether made before or after the name failure, becomes completely invalid and inoperative.

Practical examples

1In 1920, Baronet Jamsetjee Jejeebhoy executes a deed in the presence of two witnesses, granting his wife, Avabai, an annual jointure of 8,000 rupees to be paid in equal parts every June 30th and December 31st after his death. Since the amount is under the 10,000 rupee limit and he maintains his name, the jointure is fully valid.

2In 1935, a succeeding Baronet signs a deed granting his wife, Shirin, a jointure of 9,000 rupees. Two years later, the Baronet stops using the name Jamsetjee Jejeebhoy for seven consecutive months, triggering a suspension. Due to this name discontinuance, the jointure deed becomes completely invalid, and Shirin will receive nothing after his death.

3Baronet Jamsetjee Jejeebhoy executes a jointure deed for 10,000 rupees per year for his wife, but includes a power of revocation. He later divorces her and formally revokes the deed, which cancels her future right to the trust payments.

FAQ

1. What is a jointure under this Act?

A jointure is a financial provision, specifically a yearly annuity, appointed by a Baronet to his wife to support her after his death, taking the place of dower or other customary rights.

2. Out of what funds is the jointure annuity paid?

It is paid exclusively out of the dividends, interest, and annual income of the trust's stocks, funds, and securities.

3. What happens to a wife's jointure if her husband neglects to use the required name?

If the Baronet refuses, neglects, or stops using the name Jamsetjee Jejeebhoy for six consecutive months, any jointure he made, whether created before or after his name failure, becomes completely invalid and inoperative.

Test yourself

1.Under Section 17 of The Sir Jamsetjee Jejeebhoy Baronetcy Act, 1915, what is the maximum annual annuity that a Baronet in possession may appoint as a jointure for his wife?

2.Under Section 17 of The Sir Jamsetjee Jejeebhoy Baronetcy Act, 1915, which of the following is a formal requirement for a Baronet to validly limit and appoint a jointure?

3.Under Section 17 of The Sir Jamsetjee Jejeebhoy Baronetcy Act, 1915, on which specific calendar dates are the jointure payments to be paid by the trustees?

4.How do the name-use requirements of Section 16 affect a jointure created under Section 17 of The Sir Jamsetjee Jejeebhoy Baronetcy Act, 1915?

5.Under Section 17 of The Sir Jamsetjee Jejeebhoy Baronetcy Act, 1915, out of which asset class must the jointure annuity be paid?

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