Doctrine of Pious Obligation and Its Competent Authority upon Daughters

  • Prashasti Tiwari and Aastha Goyal
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  • Prashasti Tiwari

    Student at School of Law, NMIMS, Hyderabad, India.

  • Aastha Goyal

    Student at School of Law, NMIMS, Hyderabad, India.

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There are several components to family law, particularly when it comes to Hindu practises and traditions that are explicitly followed in Indian society. It has dealt with several aspects of life. Smritis Vedic descriptions, such as “Dharmasastra”, which are founded on historic institutions and practises, have been legalised as customary rules comprising both substantive and procedural frameworks, taken from the frameworks of famous Vedic people since time immemorial. The “Doctrine of Pious Obligation” holds sons responsible for their father's debts. Pious responsibility “refers to the moral obligation of sons to pay off or discharge their father's non-vayavaharik obligations”. In methods that have struck the discriminatory status quo in politics, culture, and the economy, feminist groups have questioned 'male-stream' thinking. The legal ramifications of those changes in the economic sector, notably in the domain of women's property rights, are the focus of this study. Such adjustments have not been simple, and they have resulted in debates that have called into question the basic foundations of feminism. Though feminist groups applaud the Hindu Succession Act's legislative posture on the notion of pious obligation, there is a gap in the intelligible differentiation of such intent, resulting in ambiguity when it comes to the legitimacy, which is why this research is conducted. Using non probability conveyance sampling with a sample size of 1573, it was discovered that “the exclusion of the doctrine of pious obligation under the Hindu Succession Act is legal”. According to the research, a unified civil code should be created for this purpose, and legal ambiguity should be resolved in its entirety.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 1469 - 1480


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