pious obligation
raja athimoolam
(Querist) 18 November 2009
This query is : Resolved
Is the daughter and wife of a Hindu Father Under the Obligation to Repay His Debts incured before 2004?
A V Vishal
(Expert) 18 November 2009
According to the amending Act of 2005, in a Joint Hindu Family governed by the mitakshara Law, the daughter of a coparcener shall, also by birth become a coparcener in her own right in the same manner as the son heir. She shall have the same rights in the coparcenary property as she would have had if she had been a son. She shall be subject to the same liabilities and disabilities in respect of the said coparcenary property as that of a son and any reference to a Hindu mitakshara coparencer shall be deemed to include a reference to a daughter. But this provision shall not apply to a daughter married before the commencement of the Hindu Succession (Amendment) Act of 2005.
The most important fact is that the interest of a Hindu mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property bad taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. This amending Act of 2005 has also clear provision that, after commencement of the Amending Act of 2005, 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, grandfather or great grandfather (on the ground of the pious obligation under the Hindu Law), of such son, grandson or great grandson to discharge any such debt. But if any debt contracted before the commencement this Amending Act of 2005 the right of any creditor, to proceed against son, grandson or great grandson, shall not affect or any alienation relating to any such debt or right shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been. enforceable as if Hindu Succession Amending Act of 2005 had not been enacted.
Raj Kumar Makkad
(Expert) 18 November 2009
Your question elates to period before 2005 with respect to wife and daughter. During 2004, wife had equal right along-with her sons to inherit the property of her husband so she is liable for the repayment of outstanding dues standing against her husband.
Daughter (married) at that time had only right to live/maintenance hence she is not liable in the given circumstances.
adv. rajeev ( rajoo )
(Expert) 19 November 2009
being a legal heir of the deceased wife will be under pious obligation to pay the debts of her husband.
As Raj said daughter is not liable to clear the debts of her father.
G V S Jagannadha Rao
(Expert) 19 November 2009
The wife and daughter of a Hindu male, if inherit his property would be obliged to discharge his debt. If he is already facing litigation, the wife and daughter would be impleaded as his legal heirs in the pending suit. Or else a suit would be filed ( in not barred by time already) directly against the legal heirs.
The case would be different of course, if there is not proof of debt with the creditors.
niranjan
(Expert) 19 November 2009
Pious obligation goes with the property,if inherited.If not inherited,then no question of payment from self acuired property.
