avyavaharika debts
Under the Mitakshara doctrine of pious obligation, a son, grandson and great-grandson were bound to pay the father's debts out of their interest in the joint family property, as a religious duty. The exception was avyavaharika debts: debts that are illegal, immoral, or opposed to good morals, such as debts for gambling, drink, or a fine for a crime.
The 2005 amendment to the Hindu Succession Act abolished the pious obligation for debts contracted after it came into force; for those, a creditor cannot proceed against the son, grandson or great-grandson on that ground alone. Debts contracted before 2005 remain governed by the old law, so avyavaharika remains relevant for exam answers.
Example
The father's loan to pay his gambling losses was an avyavaharika debt, so the creditor could not recover it from the sons' share of the family land.
In Indian law
- Section 6(4), Hindu Succession Act, 1956 (as amended in 2005): pious obligation abolished for later debts
See also
pious obligation · mitakshara · karta · legal necessity
Read more in the study notes
- Debts and the doctrine of pious obligation (Family Law I - Hindu Law)
- The Hindu Succession (Amendment) Act, 2005 (Family Law I - Hindu Law)