AIR 2000 (NOC) 60 (AP) ::2000 A I H C 2512 ::(2001) 2 MarriLJ 620 ::(2000) 2 HinduLR 189 ::(2000) 1 AndhLD 750 ::(2000) 1 Andh LT 601 ::(2001) 1 DMC 75

Andhra Pradesh High Court

Hon'ble Judge(s): T. Ch. Surya Rao , J

(A) Hindu Law - Doctrine of Pious Obligation - Has no application when debt contracted by the father was for any illegal or immoral purpose. In the case of debts contracted by the father manager, the son is bound to discharge the same on account of the doctrine of pious obligation notwithstanding the fact that the debt was contracted for no legal necessity, nor for the benefit of the family. The doctrine of pious obligation has no application in the case of the brother manager. Therefore, the debt contracted by the brother manager binds the other members of the joint family only when it was for legal necessity and for the benefit of the family. The doctrine of pious obligation has no application when the debt contracted by the father was for any illegal or immoral purposes. (Para 17) (B) Hindu law - Joint family property - Alienation thereof made by father - Son assailing the alienation - Burden to prove that the alienation made by father was tainted with illegality or immorality and purchasers had previous knowledge of the tainted nature of the transaction would be on the son - Father not required to show that it was made for legal necessity or for family benefit. Evidence Act (1 of 1872) , S.101.— (Para 20) ....