Doctrine of Pious Obligation
- Under the Hindu Law, debt is considered to be the sin.
- The ancient Doctrine of Pious Obligation was governed by the Smriti Law.
- Pious obligation is the moral liability of the sons, grandsons and great-grandsons to pay or discharge the debts of father/ grandfather/great grandfather.
- Extent of the liability of Son, Son’s Son and Son’s Son’s Son under the Hindu law –
- Son was required to pay the debt of father with interest accrued thereon
- The grandson was liable to pay only the principal amount
- The great-grandson was required to pay only to the extent to the joint family property in his hand.
- The son and grandson were made personally liable to pay the debt but the great-grandson was not held personally liable.
- The debt should not be avyavaharika i.e. debt taken for an immoral or illegal purpose.
- When a debt is contrary to or against good moral it is called avyavaharika debt. E.g. – Debts due for gambling, Unpaid fines, unpaid tolls, debts due to lust, etc.
- The debt should not be time barred. The sons are not bound to pay time barred debt of their father.
- The debt must be antecedent.
- This doctrine is not recognized by under the Dayabhaga School.