Vol. 14, Part I · pages 156–160

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES138 (92) 88. Rule of pious obligation * * * * abrogated. —(1) After the commencement of this Code, no court shall, save as provided in sub-section (2), recognise any right to proceed against any male lineal descendant for the recovery of any debt due from any of his paternal ancestors or any alienation of property in respect of or in satisfaction of any such debt on the ground of the pious obligation of such descendant 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 any such descendant , 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 “ such descendant” shall be deemed to refer to the male lineal descendant who was born or adopted prior to the commencement of this Code. (93) 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.

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)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES140 (94) CHAPTER II Mitakshara Co-parcenary 90. Application of Chapter. —This Chapter applies to Hindus who would have been governed by the mitakshara school of Hindu law if this Code had not been passed. 90A. Definition. —In this Chapter,— “ancestral property” means any property acquired by a male Hindu by way of inheritance from his father, father’s father or father’s father’s father, and includes— (a) any share in the property of any such paternal ancestor allotted to him on partition, and (b) any accretions to ancestral property; but shall not be deemed to include— (i) any gains of learning as defined in the Hindu Gains of Learning Act, 1930 (XXX of 1930), acquired by him; (ii) any property acquired by him otherwise than by way of inheritance; (iii) any property acquired by him by way of inheritance from any person other than any of the three immediate paternal ancestors, and (iv) any other separate property in his possession, although all or any of such properties are for the time being shared by him jointly with a co-parcener. Explanation.—Accretions to ancestral property include income from such properly, property purchased or acquired out of such income or with the assistance of such property, the proceeds of sale of such property, and property purchased out of such proceeds; 90B. Co-parcenary. —(1) A person becomes a co-parcener if the following conditions are fulfilled, namely:— (i) that he— (a) has either inherited any ancestral property, or (b) is born in the family of the person who has inherited any such property and is a lineal descendant of such person in the male line ; and (ii) that in the ease of any person referred to in sub-clause (b) of clause (i) he is not for the time being removed more than four degrees— (a) from the person who has inherited any such property, or (b) from any of the descendants of any person who has so inherited and who is the oldest living paternal ancestor of that person in the male line.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES142 (2) For the purpose of computing the number of degrees under sub-section (1), the person concerned and the person with respect to whom the relationship is to be traced shall each be counted as one degree. (3) When there is a partition among the members of a co-parcenary, the co-parceners who have separated shall cease to be co-parceners with respect to each other; but it shall not be presumed, until the contrary is proved:— (a) that each of the persons so separating has, by reason only of such separation, ceased to be a co-parcener with respect to his own descendants in the male line; or (b) that, where only one co-parcener has so separated, the remaining members of the co-parcenary have, by reason only of such separation, ceased to be co-parceners as amongst themselves. (4) “Co-parcenary” is a body of two or more male persons who are for the time being co-parceners. (95) 90C. Incidents of co-parcenary property. —The following rules shall apply to any ancestral property acquired, whether before or after the commencement of this Code, by a member of a co-parcenary :— (a) every co-parcener shall by reason of his birth in the family of the person acquiring ancestral property have an interest in the property equal to that of his father; (b) all the members of the co-parcenary shall hold the property as joint tenants; (c) on the death of any co-parcener (other than the sole surviving member) his interest in the property shall devolve by survivorship on the surviving members of the co-parcenary and not by succession on his heirs ; (d) notwithstanding anything contained in clause (c), where a coparcener dies, his widow and daughter shall amongst themselves have in the property— (i) in the case of the widow, an interest equal to that of the son, (ii) in the case of an unmarried daughter, an interest equal to onehalf of that of the son and, in the case of a married daughter, one quarter of that of the son. (96) 90D. Extent of right of co-parcener to alienate co-parcenary property.—Neither any co-parcener nor any female who acquires an interest in any ancestral property by reason of the provisions contained in clause (d) of section 90C shall, by reason merely of the fact of being a co-parcener or of having acquired such interest, be entitled to transfer or charge in any way the property except his or her undivided or other interest therein, and no court shall, in execution of any decree passed against any such member or female, proceed against any ancestral property otherwise than against the interest in the property belonging to such co-parcener or female, as the case may be.