Daughters liability to pay father's loan
2 years ago
Please let me know what would be the daughters liability to pay father's loan after father's death? The father is a Hindu and has a son for whom he is taking the loans. The daughter is married and is not visiting her parents because of this condition. The parents own a house and son and his family stay with parents.
A.Dear Sir,
'Pious obligation' means the moral liability of sons to pay off or discharge their father's non-avyavaharik debts. ... The ancient doctrine of pious obligation was governed by Smriti law. There is a pious obligation on the sons and grandsons to pay the debts contracted by the father and grandfather.
Hindu Succession (Amendment) Act, 2005- Rights & Liabilities of a daughter member
Section 6(4) provides that no court shall recognize any right to proceed against a son, grandson, or great grandson for the recovery of any debt due from his father, grand father or great grand father.
Pious Obligation gone
According to Hindu Succession act, after the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother. If you don't claim your part in property then you are not liable to pay any loan.
Thanks
Regards
Advocate Sinjari Bandyopadhyaya
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