clarity ON LEGAL ISSUE
virendermahajan
(Querist) 03 June 2011
This query is : Resolved
SIR I WANT TO KNOW THAT AS PRIOR TO AMENDMENT IN HINDU SUCCESSION ACT 1956 IN YEAR 2005 THERE WAS PIOUS OBLIGATION ON SON AS TO FATHER DEBT AS PER HINDU LAW ,WHICH IS NOT AS YET CODIFIED BY GOVERNMENT.BUT HINDU LAW SPEAKS OF SON LIABILITY AS TO FATHER DEBT AS HIS PIOUS DUTY TO PAY BUT HINDU LAW DOESNOT SPEAK OF EXTENT OF LIABILITY THAT IS TO WHICH EXTENT FOR EXAMPLE WHETHER SON PERSONAL ASSET ARE LIABLE.BUT AS PER CODE OF CIVIL PROCEDURE AS PER SEC 50 SON CAN BE HELD LIABLE ONLY TO THE EXTENT OF PROPERTY INHERITED BY SON OF HIS FATHER NOT BEYOND THAT.I WANT TO KNOW WHAT IS THE CONCLUSION OF ALL THIS .PLS HELP AND GUIDE ALL RESPECTED LEGAL EXPERTS
Ravikant Soni
(Expert) 03 June 2011
virendra,
Civil Liability is always charged on Property. When a person dies leaving some property then his liability is first charge on that property. And when anyone gets that property in inheritence he must discharge such liability to extent what he gets from such deceased.
Section 50 to 53 is contemplated to this matter.
But After amendment in 2005 HSA sec 6 now coparcenary property is not in the ambit of any charge relating to any debt of Ancester.
M V Gupta
(Expert) 05 June 2011
The issue raised leads to another interesting question. On account of recent amendments made to the Hindu Succession Act treating the daughters as coparceners and also conferring on them the right to demand partition whether the rule of pious obligation also applies to them? I request experts to comment.
