Avvayaharika Debt - What It Means ?
By
Shri Ram Keshav Ranade
Before giving a proper interpretation of the term Avyavaharika, it has to be remembered that the son’s liability for the personal debts of his father is, under Hindu Law, based not upon the ordinary rule of agency, nor upon the father being the head of the family, but upon a moral and religious duty of the son to pay the debts of his father. It may be remarked that if a Hindu son, placing too much stress upon his pious obligation, is willing to pay all the debts of his father, legal or illegal, moral or immoral, without inquiring into their character, there is nothing to prevent him from doing so; and perhaps his act would be regarded by some Hindus as the highest form of filial duty, the act being calculated according to Hindu notions to exonerate the father from the evil consequences of his debts. Hindu Law, however, recognizes some exceptions in this respect, and among these exceptions we get Avyavaharika debts. As for the word Avyavaharika there is such a formidable forest ....