The question (15 marks)
Explain the doctrine of pious obligation and the doctrine of antecedent debt, and state how far each survives the amendment of 2005. (15 marks)
MU Module II, head 2.6; debts.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Joint Family, Coparcenary, Karta and Partition of Family Law – II.
Authorities you will need
- Brij Narain Rai v. Mangla Prasad, Privy Council, on liability during the father's lifetime and on antecedent debt
- Amritlal v. Jayantilal
- Sat Narain v. Sri Kishen Das, on the doctrine not being for the creditor's protection
- Luhar Amrit Lal Naggi v. Doshi Jayantilal Jethlal, on avyavaharika debts
- Sidheswar Mukherjee v. Bhubneshwar Prasad Narian Singh and Panna Lal v. Naraini, on the extent of liability and on partition
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.