Consider the given statements. (i) After the commencement of the Hindu Succession (Amendment) Act 2005,…
Section 6(4) abolishes recovery from a son, grandson or great-grandson solely on the Hindu-law doctrine of pious obligation as the general post-amendment rule. Its proviso…
Choose your answer
Consider the given statements. (i) After the commencement of the Hindu Succession (Amendment) Act 2005, the court shall not recognise any pious obligation of a son under the Hindu law to discharge any debt due from his father. (ii) Right of creditor to proceed against a son to recover any debt due from his father solely on the ground of the pious obligation under the Hindu law shall not be affected if the debt was contracted before the commencement of the Hindu Succession (Amendment) Act 2005.
Answer and explanation
Correct answer A
Section 6(4) abolishes recovery from a son, grandson or great-grandson solely on the Hindu-law doctrine of pious obligation as the general post-amendment rule. Its proviso saves the creditor’s existing rights for debts contracted before commencement of the 2005 amendment, subject to the statutory explanation concerning sons born or adopted before commencement. The two statements therefore describe the general rule and its express historical saving.
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