pious obligation

Under the Mitakshara doctrine of pious obligation, a son was bound, as a religious duty, to discharge his father's personal debts out of his interest in the joint family property, provided the debts were not avyavaharika (tainted by illegality or immorality, such as gambling or drinking debts). The obligation extended to the grandson and great-grandson and existed even if the debt was not for legal necessity.

The Hindu Succession (Amendment) Act, 2005 abolished the doctrine prospectively. Under section 6(4), no court can recognise a creditor's right to proceed against a son, grandson or great-grandson on this ground for debts contracted after the amendment; earlier debts remain enforceable.

Example

The creditor could not invoke the son's pious obligation for a loan taken by the father in 2010, since section 6(4) abolished the doctrine for later debts.

In Indian law

• s.6(4), Hindu Succession Act, 1956 (as amended in 2005)

See also

avyavaharika debts · mitakshara · coparcenary · legal necessity

Read more in the study notes

• Debts and the doctrine of pious obligation (Family Law I - Hindu Law)
• Dharma and the sources of Hindu law (Family Law I - Hindu Law)
• Joint Hindu family and coparcenary (Family Law I - Hindu Law)
• The Hindu Succession (Amendment) Act, 2005 (Family Law I - Hindu Law)