পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৬৫৭

VYAVASTHA-DARPANA. 535 Legal opinions delivered in, and admitted by, several courts of judicature, and selected and approved of by Sir William Macnaghten Q. A person died involved in debt, leaving some property, but not sufficient to answer all legal demands. His three minor sons and his widow took possession of the assets of the de ceased's estate. In this case, are the individuals in question bound to liquidate the debts contracted by him 7 R. If the assets of the estate of the fatherhave been taken by the widow of the deceased and his sons, they are bound to pay his debts. It is incumbent on a son to exonerate his father by liquidating his debts, and this should be done before any partition of the paternal estate among the sons. The minor sons cannot exercise any power over the patrimony until they come of age, but then the liquidation of the father's debts becomes incumbent on them also. Is the widow succeed to the estate, she should discharge the debts; but if the amount of the debt be larger than the property is capable of satisfying, the whole property which the deceased left must be given to the creditors, and then his heirs must be considered as absolved also from all claims. Bamratan Das v. Ráju and others. Maen. II. L. vol. II. Ch. 10, casc 1, p. 277. Q. A creditor, on the death of a debtor, sucs his heirs, namely, his widow and brothers; but it is not conditioned in the bond that the debtor's heirs and representatives shall discharge the debt. In this case, are the heirs of the debtor bound to liquidate that debt or not? R. If the deceased debtor should have tona fide borrowed the sum mentioned in the obligation, his widow must fulfil the conditions, provided she was a party to the contract, or promised to discharge the debt, or provided she received his assets, even though there be no mention of the heir's responsibility for the payment. If one of the associated brothers contract debts for the support of the joint family, the other parceners must discharge them. This opinion is consonant to law. - - Zillah Jessore. Maen. H. L. vol. II. ch. 10, case 6 (p. 283). Q. A person died, leaving a widow, who succeeded to his estate subject to the law which ... allows her only to enjoy the property with moderation until her death, but not to give or sell it; and having coutracted a debt either to save the property left by her husband or for other purposes, died without liquidating sugh debt, leaving her husband's brother and brother's son claimants to the property. Her husband's brother took possession of the property, and the other brother's son attained a deeree for a moiety of the same. In this case, will the liquidation of the debt rost with the brother and the brother's son of her husband? R. Supposing the proprietor's widow, who succeeded him, to have eontracted the debt for the payment of rent due to Government, or other necessary disbursements, to save the estate, or for the purpose of promoting her husband's spiritual welfare, or for the support of the family, or for the due exceution of any conditions made by her husband, and to have died "pricr to the liquidation of such debt, the proprietor's heirs, that is, his brother and brother's son, are bound to discharge the debt. And if the amount was borrowed for the purpose of being appropriated to any other purposes than those specified, such debt must be satisfied by him who becomes possessed of her jewels and other movable property. This opinion is conformable to the Dayabhaga, Mitaoshara, Vivadachintamani, Dipakalika’, and other legal authorities. The heirs who take the assets, are bound to discharge the debts of the deceased. The heir who takes the assets of a deceased debtor, must satissy his credo. ors, as far as the assets go. Circumstances under which the husbands heirs are lible for a debt contracted by his widow.