Pious obligation of son to pay his father's debt not incurred for immoral purpose

Citation

AIR 1967 SUPREME COURT 727

SUPREME COURT

(From Punjab).

K. N. WANCHOO , J. and J. C.

SHAH , J. and R. S. BACHAWAT , J.

Civil Appeal No. 572 of 1963, D/- 5 - 8 - 1966

Faqir Chand Appellant v. Sardarni Harnam

Kaur (dead) represented by her Lrs. and others Respondents.

(A) Hindu Law - Debt - Mortgage of joint

family property by father as manager for

discharging his debt-Pious obligation of son to pay his father's debt not incurred for immoral purpose - Distinction in procedure for execution of money decree and for enforcement of mortgage decree does no affect pious obligation to pay mortgage debt being his father's personal liability. Civil P.C. (5 of 1908), S.47 -

AIR 1928 All 596 (FB) and AIR 1943 Bom

451 and AIR 1947 Nag 69, Overruled.