debt, his sons, by reason of their duty to pay their father's debts, cannot recover that property, unless they show that the debts ... application to a case in which no antecedent debt of the father, that is, a debt antecedent to the alienation in question, is concerned
mortgage in question having been granted to pay off an antecedent debt of the plaintiffs' father, it was binding on the estate ... respect of an antecedent debt unconnected with the estate, then the anterior mortgage could not be held to be debt antecedent to the subsequent debt
post-parti-
tion debt of the father. Antecedent debt in this context
means a debt antecedent in fact as well as in time. The
debt ... post-partition debts of
the father.
(4) Antecedent debt in this context means a debt antecedent
in fact as well as in time
application to a case in which no antecedent debt of the father, that is a debt antecedent to the alienation in question, is concerned ... antecedent debt or for the payment of the father's debt, unless the son can prove that the debt was incurred for an immoral
application to a case in which no antecedent debt of the father, that is, a debt antecedent to the alienation in question, is concerned ... make a mortgage debt which was genuinely antecedent to the alienation in suit not an antecedent debt capable of supporting such an alienation
alienation to satisfy the class of debts already mentioned could only be exercised where the debt was antecedent or extended to alienations for present debts ... which the alienation is made by the father is an antecedent debt or a present debt and that it involves a departure from the decisions
sons-Alienation-
Whether valid.
Hindu Law-Antecedent debt-What is-Debt whether to the
antecedent in fact as well as in time-Whether ... clear
all those debts he has executed the sale deed. The debt in
question was an antecedent debt so far as his sons were
concerned
joint family. less than half the
money borrowed was for repaying antecedent debts. By a
covenant in the deed he bound himself personally to repay ... debt-applies not only to an unsecured debt
and a simple money decree for the debt but also to a
mortgage debt which the father
plaintiff s to prove not merely that the
antecedent debt was immoral but also that the mortgagee had
notice of the said character ... debt,
his sons, by reason of their duty to pay their father's
debts, cannot recover that property, unless they show that
the debts
factually was utilised to discharge genuine
antecedent debts and sale consideration was adequate.
Consequently, the trial court upheld the validity of Ex. P2
sale deed ... consideration is to discharge a
debt which is an antecedent debt
and half is not it could not be
said that the alienation
