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The Indian Succession Act, 1925

Chapter XXIII — .—Of Gifts in Contemplation of Death

Section 214Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons

Read in the full Act
Section 214: Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons

214. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons

(1)

No Court shall—

(a)

pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or

(b)

proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming of—

(i)

a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or

(ii)

a certificate granted under section 31 or section 32 of the Administrator General's Act, 1913 (3 of 1913), and having the debt mentioned therein, or

(iii)

a succession certificate granted under Part X and having the debt specified therein, or

(iv)

a certificate granted under the Succession Certificate Act, 1889 (7 of 1889), or

(v)

a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May, 1889, having the debt specified therein.

(2)

The word "debt" in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes.

Amendment notes (1)
  1. Rep . Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938.