Property liable for payment of debts:
(1) The separate property of Hindu is liable for the payment of his debts in his debts in his life-times as after his death.
(2) The undivided interest of a coparcener in coparcenary property is always liable for the payment of debts in his lifetime.
ADVERTISEMENTS:
(3) Where a coparcenary consists of collaterals, that undivided coparcenary interest of a coparcener is not liable for the payment of his debts after his death unless his interest is attached in his life-time.
(4) Where the coparcenary consists of an ancestor and his sons, grandsons and great grandsons and the ancestor dies, leaving debts, the whole coparcenary property is liable for his debts even after his death provided the debts was not incurred for an immoral or unlawful purpose.
(5) Sons, grandsons and great grandsons are liable to pay the debts of their ancestors if they have not been incurred for avyavah arika purposes. But their liability is not personal, so the creditor cannot proceed against the person or the separate property of the sons, grandsons or great grandsons.
ADVERTISEMENTS:
(6) Sons, grandsons and great grandsons are liable to pay the lawful debts of their ancestors, therefore, the creditor of the ancestor is entitled to attach and sell the interest of the sons, grand- ness and great grandsons in the joint family property in the execution of a decree against the ancestor only.
(7) Since the sons, grandsons and great grandsons are liable to pay the lawful debts of their ancestor to the extent of their interest in the coparcenary property, the ancestor can sell or mortgage not only his own interest but the interest of the sons, grandsons and great grandsons in the joint family property to pay an antecedent debt of his own.