Mera Samvidhaan All of Indian Succession Act, 1925

Part VIII · Representative Title to Property of Deceased on Succession

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

Section 214 · Part VIII · page 68 of the Act

(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 Act1, 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.

Note: the marker printed against “the Succession Certificate Act, 1889” in clause (iv) is 4; page 68 prints only footnote 1, which is that note, and the same Act is marked 1 later on the page.

1 Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938.

Section 214 of The Indian Succession Act, 1925 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.