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pious obligation

(Querist) 06 April 2010 This query is : Resolved 
Sir, Mr. A got a loan of Rs.5 lacs from Mr.R in Sept.2006 but died in Aug.2009 without paying the debt. Pl. let me know whether the wife and legal heirs - son 9 yrs and daughter 3 yrs - are liable to pay the debt under pious obligation even after the Hindu Succession (Amendment)Act 2005. Pl. let me have some rulings/citations if any. Please help me. Mr. A had no property of his own
Raj Kumar Makkad (Expert) 06 April 2010
The legal heirs of deceased A are liable to pay the debt of their father. You can file suit for recovery.
M. Youvaradjou (Querist) 06 April 2010
Thank you,Sir. But my lawyer says that since the deceased got the loan in Sept.2006, ie after the enactment of the Hindu Succ.(Amend) Act 2005, no court shall recognise any right to proceed against a son / daughter for the recovery of any debt due from his/her solely on the ground of the pious obligation under the Hindu Law. And the Doctrine of pious obligation cannot apply to the wife and she therefore cannot be liable to the creditors on the principles applicable to the sons/daughters. Pl. clarify
n.k.sarin (Expert) 06 April 2010
wife and daughter and minor sons are not under obligation to pay the debt of deceased.your lawyer rightly suggested you. Money can be recovered from the legal heir only to the extent they got from the deceased's movable or immovable property.
Parthasarathi Loganathan (Expert) 06 April 2010
Mr. Sarin is absolutely correct.
M. Youvaradjou (Querist) 06 April 2010
Thank you very much for your wise counselling. I am related to the deceased. Could you please give me any rulings/citatios in this regard so as to enable my lawyer to succeed in this case. Once again, my heartfelt thanks to you both.
n.k.sarin (Expert) 08 April 2010
go to my site and get it under the heading legal representative suit.
http://sites.google.com/site/sarinadvocate
see the page Important decision.
M. Youvaradjou (Querist) 08 April 2010
Dear Sarin Sir, thank you very much for your valuable advice and reference. One humble request, if you come across any judgement citing the Hindu succession (Amentment) Act 2005 please let me have the same. With regards.


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