Section 5
Rule of prous obhgahon of Hindu son abrogated.— (1) After the commencement of thrs Act, no court shall, save as provrded m sub-sectron (2), recognlse any rrght to proceed agamst a son, grandson or great-grandson for the recovery of any debt due from hls father, grandfather or great-grandfather or any ahenatlon of property 1n respect of or In satlsfaction of any such debt on the ground of the prous obhgatmn under the Hrndu law, of the son, grandson or great-grandson to drscharge any such debt.
5 Rule of prous obhgahon of Hindu son abrogated.— (1) After the commencement of thrs Act, no court shall, save as provrded m sub-sectron (2), recognlse any rrght to proceed agamst a son, grandson or great-grandson for the recovery of any debt due from hls father, grandfather or great-grandfather or any ahenatlon of property 1n respect of or In satlsfaction of any such debt on the ground of the prous obhgatmn under the Hrndu law, of the son, grandson or great-grandson to drscharge any such debt.
In the case of any debt contracted before the com— mencement of thrs Act, nothmg contamed 1n sub-sectron (1) Shall affect——
(a) the rrght of any credrtor to proceed agamst the son, grandson or great-grandson, as the case may be, or
(b) any ahenatron made 1n respect of, or m satrsfaction
of, any such debt,
and any such rrght or ahenatron shall be enforceable under the rule of plous obhgatron 1n the same manner and to the same extent as It would have been enforceable 1f thrs Act had not been passed
Explanation—For the purposes of sub-sectron (2), the expressron "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 prror to the commence— ment of thls Act.
Liability of Members of Joint Hindu Family for debts contracted before 'Act not aflected.—Where a debt bmdmg on a Jomt Hmdu Famxly has been contracted before the commencement of thlS Act by the Karanavan, Yejman, Manager or Kartha, as the case may be, of the Iamlly, nothing herem contained shall affect the llablhty of any member of the famlly to dlscharge any such debt and any such liabllity may be enforced against all or any of the members hable therefor 1n the same manner and to the same extent as 1t would have been emorceable if thls Act had not been passed
Repeal —(1) Save as otherw15e expressly prov1ded m thrs Act, any text, rule or interpretatlon of Hindu Law or any custom or usage as part of that law 1n force Immediately before the commencement of th1s Act shall cease to have effect w1th respect to any matter for Wthh provrsion is made m thls Act.
The Acts mentioned 1n the Schedule, 1n so far as they apply to the whole or any part of the State of Kerala, are
THE SCHEDULE
[See sectlon 7 (2)]
Acts
repealed
The Madras Marumakkathayam Act, 1932 (XXII of 1933),
The Madras Alxyasanthana Act 1949 (IX of 1949),
The Travancore Nayar Act, II of 1100,
The Travancore Ezhava Act, III of 1100,
The NanJmad Vellala Act of 1101 (VI of 1101),
The Travancore Kshatrlya Act of 1108 (VII of 1108),
The Travancore Krlshnanvaka Marumakkathayee VII of
Act, 1115,
The Cochm Th1yya Act, VIII of 1107,
The Cochm Makkathayam Thlyya Act, XVII
of 1115 ,
The Cochm Nayar Act, XXIX of 1113,
The Cochm Marumakkathayam Act, XXXIII of 1113,
The Kerala Nambudm Act, 1958 (27 of 1958)
hereby repealed.
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