Hindu Succession (Amenment)Act 2005
M. Youvaradjou
(Querist) 11 April 2010
This query is : Resolved
Dear Experts, please let me have some rulings or citations from Supreme Or High Courts decided after the enactment of the above Amendment, specifically about "no court shall recognise any right to proceed against a son, grandson or great grandson for the recovery of any debt due from his father, grand father or great grand father solely on the ground of the pious obligation under the Hindu Law, of such son, grandson or great grandson to discharge any such debt" Thank you, M. Youvaradjou from Pondicherry
Raj Kumar Makkad
(Expert) 12 April 2010
There is no such citation nor can it be. Law in this respect is clear. Id any ancestral property is inherited by son, grand son or great grand son from the deceased person then such legal heir is also required to discharge any debt due to the deceased and courts cannot restrain such person to move any petition against them on any reason.
N RAMESH.
(Expert) 12 April 2010
I have same view as that of Mr.Makkad
Gagan Gupta
(Expert) 12 April 2010
successor is liable to discharge debt to the extent of property when he received property.
M. Youvaradjou
(Querist) 13 April 2010
Dear Mr Raj, thank you for your reply. but pl. clarify the true meaning of the Hindu Succession (Amendment) 2005. In my case Mr.A died in 2009 without leaving any movable or immovable property to his legal heirs. Mr A's father Mr.B died a month after his son's demise leaving an old house to his 3 married daughters and the fatherless grand son and grand daughter. Now let me know whether the two kids have to pay the debt of their deceased father under pious obligation? If no, pl. let me have some rulings/citations. Awaiting your reply eagerly.
M. Youvaradjou
(Querist) 15 April 2010
Dear Mr. Gagan Gupta, thank you for your reply. But in my case the deceased father has left no movable or immovable property to his son, 9yrs old and daughter-3 yrs old. The grandfather, Mr B who dies a month after his son has left no will. Mr. B has one old house. The legal heirs : His 3 married daughters and the above 2 grand children. Now let me know whether the two little kids have to pay the debt of their deceased father for having inherited 2/5th of their grand father's property, even after the HS (Amendment) Act 2005. Their father got the loan in Sept.2006 and died in August 2009. Pl. help and clarify with rulings/citations.
