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Research Paper | Law | India | Volume 8 Issue 4, April 2019 | Popularity: 6.4 / 10
The Study on Validity of Legislative Stand on Doctrine of Pious Obligation over Married Daughters in Indian Hindu Families
B. Leelesh Sundaram, Priyanka
Abstract: Ancient Indian literature unique concept of Pious Obligation evolved as a legal right from a moral obligation, thus the perusal of Vedic doctrines in Hindu law through modern developments gained a legal codified recognition to Pious Obligation doctrine, obligation or commitment of a youngster to repay the obligations of the lapsed father is revived upon an exceptional doctrine. Feminist movements which struck the economic circle to a great extent which transformed women as a working class in the general public encouraged for revolution in property rights, the revision to Hindu Succession Act, empowered the women to wind up as a coparcener like a male in familial property and exclusion of the doctrine of pious obligation which was considered as essential change. Though the legislative stand on the doctrine of pious obligation under the Hindu Succession Act is widely welcomed by the feminist groups a lacunae prevails with respect to the intelligible differentia of such intent and thus an ambiguity prevails when it comes to the validity, thus this research is carried out. By virtue of non probability conveyance sampling having sample size of 1573 it could be found out that the exclusion of doctrine of pious obligation under the Hindu Succession Act is valid. The study recommends that a uniform civil code may be brought into being for this purpose and the ambiguity may be addressed as a whole in the legislations.
Keywords: uniform civil code, Hindu Succession Act, doctrine of pious obligation, validity, Hindu law
Edition: Volume 8 Issue 4, April 2019
Pages: 1348 - 1354
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