Doctrine of Pious Obligation

1. Doctrine of Pious Obligation

• Origin of this doctrine is found in Smriti
• Doctrine is based on belief that Nonpayment of debt is a sin and has evil consequences which follow i.e. the undischarged debt follow even in the world afterward, for purpose of rescuing father from torment in next world, there is an obligation on son to pay father’s death.
• According to Vachaspati, when father is no longer alive, debt must be paid by son. Father’s debt must be paid first of all, after man’s own debts
• Father’s debt to be paid by son, as if it’s their own. Grandfather’s debts must be paid by son’s son without interest.
• Only three generations are liable to Grandfather’s death can be paid by father. Maximum son. 4th generation is not liable for grandfather’s debts
• Son shall not be made liable to pay father’s ayavaharik Debt, if sons proved debt is ayavaharik no more liability.
• According to Manu Money due by surety or ideally promised or lost at a play or due for liquor or what remains unpaid for fine or tax. Son shall not be obliged to pay.
• According to Gautam, money due by surety commercial debt for gambling and fine shall not involve the son.
• According to Yajinawalkya A son has not to pay in this world his father’s death incurred for liquor, gratification of lust or gambling.
• According to Narada Father not liable to pay son’s death but son is liable to pay father’s debt except the debt from anger liquor games or bailment.
• Interest of Son is in the joint family property are liable for the debts of their father in joint family property, provided they were not in for only Illegal or immoral purpose.
• Son pious duty to pay debt in present Does not depend on the fact whether the father is alive or dead.
• Son’s liability arrives the movement further fails to pay debt from his self-acquire property or ancestral property
• Pios obligation of Son’s to pay father’s debt. Subsist as long as the liability of father subsist liability, neither joint or several.

Avyavaharik Debt are Unlawful debt

Debt incurred for following purpose are Avyavaharik debt