Sons, grandsons and great grandsons are bound to pay all debts contracted by the father, grandfather and great grandfather unless the debt is ‘avyavaharika’. The translation of the term ‘Avyavaharika’ as given by Colebrooke, viz., “debts, for a cause repugnant to good morals”, makes the nearest approach to the true conception of them as used in the Smriti text, and the term does not admit of a more precise definition.
Certain debts have been declared immoral by the texts and there is no liability of the sons to pay them.”The sons are not compellable to pay sum due by their father for spirituous liquors, for losses at play, for promises made without any consideration, or under the invluence of lust or of warth or sums for which he is a surety of for a fine, or a toll or the balance of either”. (Brihas- pati).
The doctrine of pious obligation of a son to discharge debt of his father has reference to the nature or character of the debts which creates the liability. It is necessary to see what was the nature of the debt for the payment of which it was necessary to raise the money.
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ADVERTISEMENTS:
The duty case upon the son being religious or moral the character of the debt should be examined from the stand-point of justice and morality and the examination of the nature and character of debt should be made with reference to the time when it oriented in other words, when the liability was first incurred by the father.
If on such examination it is found that at its inception the debt was not tarnished or tainted with immorality or illegality, then it must be held that it would be binding on the son.
When a particular debt is called in question it is the duty of the Court to examine the nature in the light for the principles mentioned above which are not exhaustive but only basic and to see whether in the circumstances it is of the kind which will give exemption to the son from the liability of paying it on the ground t is repugnant to morals.
ADVERTISEMENTS:
A debt which in its inception is a just and true debt does not become avyavaharika merely by the subsequent dishonest conduct of the father.