AIR 1919 ALLAHABAD 415 ::(1919) 51 Ind Cas 119

Allahabad High Court

Hon'ble Judge(s): Rafique, Lindsay , JJ

(A) Hindu Law - Debt - Father - Antecedent debt - Meaning of, explained. Where a Hindu father borrows money on the security of the joint estate and there is nothing to show that the money is advanced to him on his personal credit the debt does not fall within the definition of antecedent debt and is not binding upon his sons. An obligation incurred by a father in order to be binding upon his sons must be one incurred antecedently to the transaction in suit and one incurred wholly apart from the ownership of the joint estate or the security afforded or supposed to be made available by such joint estate. (B) Hindu Law - Debts - Father - Pious obligation to pay off lies on sons and not upon grandsons during life-time of their father. The doctrine of pious obligation of Hindu sons to pay off their father's debts is based on spiritual considerations apart from the ownership of any property and comes into operation only against the sons, or in case of their death, against the grandsons. Where the sons are alive the pious obligation to pay the debts of their father lies upon them and not upon their sons. .....