Code
CPC For the purposes of section 50 and section 52, property in the hands
of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased
ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which
has come to the hands of the son or other descendant as his legal representative.
Here’s a properly structured article for the CPC provision you shared, formatted in the same Code → Explanation → Illustration → Q&A → Conclusion style as the BNSS articles:
CPC: Liability of Ancestral Property for Debts of a Deceased Ancestor
Code (Civil Procedure Code Provision)
For the purposes of Section 50 and Section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.
Explanation
This provision of the Civil Procedure Code (CPC) clarifies the treatment of ancestral property in the context of executing decrees against a deceased person. Under Hindu law, sons or descendants may be liable to discharge the debts of a deceased ancestor from the ancestral property in their possession.
The section provides that such property is legally treated as if it had come into the hands of the descendants as the “property of the deceased” in their capacity as legal representatives. This ensures that decree-holders (creditors) can enforce their decrees against ancestral property in the hands of descendants, without requiring separate proceedings.
Key Points:
- Applies in execution proceedings under Section 50 CPC (Legal representatives) and Section 52 CPC (Enforcement of decree against legal representatives).
- Recognizes Hindu law principles of pious obligation: sons are liable to discharge their father’s debts from ancestral property (subject to limitations).
- Property in the hands of sons/descendants is treated as if it is the deceased’s property for execution purposes.
Illustration
Example 1: Father’s Debt
A father incurs a debt during his lifetime, and a decree is passed against him. After his death, his son inherits ancestral property. Under this CPC rule, that property is treated as the father’s property for execution, and the creditor can proceed against it.
Example 2: Grandson’s Liability
If a grandfather’s debt survives and his grandson inherits ancestral property, the grandson may also be liable under this provision, as the property is deemed to be that of the deceased ancestor for the purposes of execution.
Common Questions and Answers
1. What is the significance of this provision in CPC?
It ensures that creditors can enforce decrees against the ancestral property in the hands of descendants, avoiding unnecessary technical hurdles.
2. Does this mean the son is personally liable for the father’s debt?
No, the liability is limited to ancestral property in the son’s possession. His separate or self-acquired property is not liable unless he voluntarily undertakes such liability.
3. What is the principle of “pious obligation”?
Under traditional Hindu law, sons had a duty to discharge their father’s debts from ancestral property, unless the debt was illegal, immoral, or against public policy.
4. How does this provision connect to Sections 50 and 52 CPC?
- Section 50 CPC: A decree can be executed against legal representatives of the deceased.
- Section 52 CPC: Property in the hands of legal representatives can be attached and sold.
This provision extends the scope by deeming ancestral property as part of the deceased’s estate for execution.
Conclusion
This CPC provision harmonizes Hindu law principles with civil procedure, ensuring that debts of a deceased ancestor can be satisfied from ancestral property in the hands of descendants. It protects the rights of decree-holders while also limiting liability to the extent of inherited property.
For more detailed legal insights on CPC and execution proceedings, visit ApniLaw.
