Published February 10, 2021
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The Doctrine of Pious Obligation and Its Relevance under the Hindu Law in the Present Time
Description
Pious Obligation is a kind of religious or devotional obligation on the part of the son, son’s son, or great-grandson to pay back his father’s, grandfather’s, or great grandfather’s debts. But when it is being talked about debt, the male descendants are liable to pay only for their ancestor’s legal debts i.e.vyavaharika debts. The paper shall deal with the doctrine of Pious obligation and its applicability that was in existence pre 2005 i.e., it is not in existence post amendment to the Hindu Succession Act in 2005, and also analyse case laws and if the doctrine applies to daughters.
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References
- Doctrine of Pious Obligation, SRD Law Notes, Oct. 2020, 18, 7:15 pm http://www.srdlawnotes.com/2017/01/doctrine-of-pious-obligation.html Vijender Kumar, Basis and Nature of Pious Obligation of Son to Pay Father's Debt Vis-à-vis Statutory Modifications in Hindu Law http://intranet.nluassam.ac.in/docs/course%20materialas/done/family_law_2.pdf Ibid Dr Poonam Pradhan Saxena, Family Law Lectures Family Law II, 3rd ed. 2013, Pp. 195. Supra 2 Supra 2 Dr Paras Diwan, Modern Hindu Law, 23rd Ed. 2016, Pp 334. Sat Narain v Rai Bahadur Sri Kishan Das Pr. N. Sm. Chockalingam v. Official Assigne of Madrass Dr Poonam Pradhan Saxena, Family Law Lectures Family Law II, 3rd ed. 2013, Pp. 198 Ibid. Ibid. Family law son's pious obligation, Legal Service India, Oct. 2020, 18, 8:45 pm. http://www.legalserviceindia.com/articles/sons_p.htm Ibid Ibid After the commencement of the Hindu Succession (Amendment) Act, 2005 -no court shall recognise any right to proceed against a son, grandson or great¬-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect— (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted Hindu Succession Act 1956