Family Law II_Doctrine of Pious Obligation

Doctrine of Pious Obligation

1. Under the Hindu Law, debt is considered to be the sin.
2. The ancient Doctrine of Pious Obligation was governed by the Smriti Law. 
3. Pious obligation is the moral liability of the sons, grandsons and great-grandsons to pay or discharge the debts of father/ grandfather/great grandfather. 
4. 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. 
5. The son and grandson were made personally liable to pay the debt but the great-grandson was not held personally liable. 
6. The debt should not be avyavaharika i.e. debt taken for an immoral or illegal purpose. 
7. 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. 
8. The debt should not be time barred. The sons are not bound to pay time barred debt of their father. 
9. The debt must be antecedent. 
10. This doctrine is not recognized by under the Dayabhaga School.

Transfer of Property Act_Lis Pendens

Lis-Pendens

1. The provisions relating to Lis-Pendens has been enumerated under Section 52 of the Transfer of Property Act, 1882
2. Lis-Pendens means pending litigation. It means ‘during pendency of any suit regarding title of a property, any new interest in respect of that property should not be created. 
3. The doctrine of Lis Pendens is expressed in the well-known maxim; pendente lite nihil innovetur.
4. The doctrine of Lis-Pendenes effectively provides that during the pendency of a suit in which any right to immovable property in is question, the property cannot be transferred by any party to the suit. The aim of this doctrine is to protect the rights of other parties.
5. Lis Pendens is considered as a constructive notice of the pending lawsuit. 
6. Essentials of Lis-Pendenes – 
• A suit or proceeding relating to the immovable property must be pending in a Competent Court having the authority within such territorial jurisdiction as provided by the law 
• The immovable property cannot be transferred or dealt with by any party to the suit or proceeding to affect the rights of other party. 
• The suit or proceeding must not be of collusive nature. The term collusive means as a result of secret agreement for illegal purpose. In other words, the litigation must be bona fide litigation. 
• The suit or proceeding must be pending in the Indian Court. 
• The dispute must be in connection with the right or right arising from an immovable property. 
7. Effect of Lis-Pendenes -  When the suit or proceeding is pending in the competent court relating to immovable property and if such property is transferred, then such transfer will be treated as “void”. 
8. Exception - It is open to court to permit any party to the suit to transfer the property to on terms which it may think fit to impose

Maharashtra Land Revenue Code_Wajib-ul-Arz

Wajib-Ul-Arz

1. Section 165 of the Maharashtra Land Revenue Code 1966 explains the Wajib-Ul-Arz
2. It is a record of the customs in each village drawn up by the Collector in regard to the community rights to investigations, right of way or other easement, right of fishing in any land or water, belonging or controlled or managed by the State Government or a Local Authority. 
3. It is a land record of unalienated lands. 
4. The Collector shall be published such record in such manner as he may deem fit and subject to the decision of the Civil Court. 
5. Any person aggrieved by any entry made in such record may within one year from the date of the publication of such record, file a suit in a Civil Court for the cancellation of such entry or for modification of it. 
6. The Collector may on the application of any interested person therein modify any entry in the Wajib-ul-arz on certain grounds.