CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

JANUARY-2020
TOPIC: “DOCTRINE OF PIOUS OBLIGATION AND CURRENT
TRENDS IN THE CONCEPT’’
ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE
COURSE TITLED

FAMILY LAW –I

PROPOSAL SUBMITTED BY

NAME: RITESH KUMAR

ROLL NO: 1963

SEMESTER: 4th

SESSION: 2018-2023

COURSE: BA.LLB(hons)

SUBMITTED TO

Ms. POOJA SRIVASTAVA

FACULTY OF FAMILY LAW-II

 INTRODUCTION

Pious’ means ‘genuine, religious, dedicated, respectful. ‘Pious obligation’ means an obligation of
a Hindu because of profound dedication to religion. Hindu law states that ‘He who having gotten
a sum loaned or the like does not reimburse it to the proprietor will be conceived henceforth in
his creditors house a slave, a servant or a lady or a quadruped ‘. According to Hindu scriptures, it
is the blessed obligation of a son to pay off or discharge his father’s debts. This is one of those
areas of Hindu law which illustrate one of the fundamental principles of the Hindu
jurisprudence, viz., moral obligations take precedence over legal rights. The Hindu sages have
repeatedly enjoined that one must pay one’s debts. Brihaspati ordained: one who does not repay
his debts will be born hereafter in the creditors house as a slave, a servant, a woman or
quadruped.1 According to Narada: if a very religious and devoted person died indebted, the
whole of the merit of his sacrifices and devotions will belong to his creditor.2 The sages did not
stop here. They said that if a Hindu dies indebted, his sons must repay his debts. This is
considered to be the religious or pious duty of sons of discharging their father from the sin of his
debts. Not merely this, the son’s son son’s son and son’s son’s son should also pay the debt of
grandfather and great grandfather. Only distinction between their liabilities was that son was
required to pay it with interest and grandson was required to pay only the principal amount. The
great grandson was required to pay only to the extent to which he had the joint family property in
his hands; he was not personally liable, though the son and the grandson were made personally
liable.3 By a series of decisions, it has now been established that the son, the grandson and the
great grandson’s liability to pay debt is co-extensive, i.e., their liability is the same4 and they are
liable to the extent to which they have joint family property in their hands. They are not liable
personally. Under the Hindu Law, a son is under a pious obligation to discharge his father's debts
out of his ancestral property even if he had not been benefited by the debts, provided the debts
are not Avyavaharika. The sons get exonerated from their obligation to discharge the debt of
their father from the family assets only if the debt was one tainted with immorality or illegality.
The duty that is cast upon the son being religious and moral, the liability of the son for the debt

1
.Digest 1, 229
2
.Narada Smriti, 1,9
3
. See Narada 1, 4; Yajnavalkya 11
4
.Masit v. Damodar, (1926) 53 I.A. 204
must be examined with reference to its character when the debt was first incurred. If at the origin
there was nothing illegal or repugnant to good morals, the subsequent dishonesty of the father is
in not discharging his obligation will not absolve the son from liability for the debt.
 AIMS AND OBJECTIVES

1. Researcher tends to throw some light on the history of sons pious obligations .
2. Researcher tends to highlight on Avyavaharika debts.
3. Researcher tends to analyze the different cases related to this doctrine.
4. Researcher tends to throw some light on burden of proof of debt that is tented on son.
5. The researcher tends to throw some light on the debts outside the scope of the doctrine.

HYPOTHESIS

The researcher presumes that:

1. This doctrine is based on spiritual ideology which was enforceable till 2005.
2. According to this Law, a son is under a pious obligation to discharge his father’s
debts out of his ancestral property.
3. The sons get absolved from their obligation to discharge the debt of their father if
the debt was one spoiled with immorality or illegality.

RESEARCH QUESTIONS

1. What is the meaning of the pious obligations.

2. What are the current trends in the concept of the doctrine of the pious obligations.
3. What is avyavaharika debts.

RESEARCH METHODOLOGY

The research is based on the doctrinal research methodology .

SOURCES OF DATA

The researcher use both,primary as well as the secondary sources to complete this project.
 TENTATIVE CHAPTERZATION

1. Introduction .
2. Historical background of pious obligations.
3. Avyavaharika debts.
4. Burden of proof of the debt tainted on son
5. Debts outside the scope of the doctrine.
6. Conclusion and suggestions.
Bibliography