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Section 4: 0....“ _

The Kerala Joint Hindu Family System (Abolition) Act, 1975 (No.30 of 1976)State Act of Kerala · Act 30 of 1976

\ 157\ shares separately, and any such rrght can be enforced as if this Act had not been passed

(2) All members of a Jomt Hlndu Famlly, other than an undwrded Hmdu famlly referred to m sub-sectlon (1), holdmg any 101m famtly property on the day thlS Act comes Into force, shall, wrth effect from that day be deemed to hold 1t as tenants- 1n~common, as If a partrtron of such property per capzta had taken place among all the members of the famrly hvmg on the day aforesald, whether such members were entrtled to clarm such\partrt10n or not under the law apphcable to them, and as 1f each one of the members rs holding hrs or her share separately as full owner thereot 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.

(2) 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.

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Where this provision sits

ActThe Kerala Joint Hindu Family System (Abolition) Act, 1975 (No.30 of 1976)
Section4
Marginal note0....“ _
JurisdictionState of Kerala
StatusIn force as published by the source

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