Debt-doctrines of pious obligations and antecedent debt

A businessman in Vashi borrows heavily, never repays, and dies. The bank’s lawyers look at his adult son, who has inherited the family house. Can the bank go after the son’s share for his father’s debt? For a very long time Hindu law said yes, in some cases, because a son was under a religious duty to pay his father’s debts. In 2005 Parliament changed that for the future. This topic covers the old doctrine, the rule on antecedent debt, and what section 6 of the Hindu Succession Act now says.

In two minutes

Under the old Mitakshara rule a son, grandson or great-grandson had a pious obligation to pay the father’s debts that were not tainted by immorality, and an antecedent debt could support a sale of joint property; since 2005, s.6(4) of the Hindu Succession Act ends pious obligation as a sole ground of proceeding against the descendants, with a saving for earlier debts.

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