Report No. 174
5. Rule of pious obligations of Hindu son abrogated.- (1) After the commencement of this Act, no court shall, save as provided in sub-sections (2) recognize 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 or any alienation of property in respect of or in satisfaction of any such debt on the ground of the pious obligation under the Hindu law, the son, grandson or great grandson to discharge any such debt.
(2) In the case of any debt contracted before the commencement of this Act, nothing contained in sub-section(1) 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 if this Act had not been passed.
Explanation- For the purposes of sub-section (2), the expression "son", "grandson" or "great grandson" shall be deemed to refer to the son, grandson or great grandson, as the case may be, who was born or adopted prior to the commencement of this Act.
The expression "Hindu Law" in this section has to be understood in a broad sense as including Marumakkattayam Law which is also part of Hindu Law.1