A Hindu father contracted a debt in 2024. The creditor seeks to recover it from the son solely on the…
Section 6(4) bars recovery from a son, grandson or great-grandson solely on the basis of pious obligation for a debt contracted after the 2005 amendment took effect. The…
Choose your answer
A Hindu father contracted a debt in 2024. The creditor seeks to recover it from the son solely on the ground of pious obligation under Hindu law. How does Section 6(4) of the Hindu Succession Act, 1956 apply?
Answer and explanation
Correct answer C
Section 6(4) bars recovery from a son, grandson or great-grandson solely on the basis of pious obligation for a debt contracted after the 2005 amendment took effect.
The proviso saves qualifying rights and alienations concerning debts contracted before commencement on 9 September 2005. The 2024 debt falls outside that savings rule.
Option feedback
Option A
Attaining majority does not remove the statutory bar on this ground of recovery.
Option B
The existence of coparcenary property does not restore a claim based solely on pious obligation.
Option C
Section 6(4) bars a claim relying solely on pious obligation for a debt contracted in 2024.
Option D
The lawfulness of the debt does not restore this ground of recovery.
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