DR. AMBEDKAR AND THE HINDU CODE BILL 139
88. Rule of pious obligation of Hindu son abrogated. —(1) After the commencement of this Code, no court shall, save as provided in sub-section
(2), 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 any alienation of property in respect of, or in satisfaction of, any such debt on the ground of the pious obligation of the son, grandson or great-grandson to discharge any such debt.
(2) In the case of any debt contracted before the commencement of this Code, 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 would have been the case if this Code 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 Code.
(92)
89. Liability of members of joint family for debts before Code not affected. —Where a debt has been contracted before the commencement of this Code by the manager or Karta of a joint family for family purposes, nothing herein contained shall affect the liability of any member of the joint family to discharge any such debt, and any such liability may be enforced against all or any of the persons liable therefor in the same manner and to the same extent as would have been the case if this Code had not been passed.
(93)