Act Number: 39

Act Name: The Indian Succession Act, 1925

Year: 1925

Enactment Date: 1925-09-30

Long Title: An Act to consolidate the law applicable to intestate and testamentary succession.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 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, 18891 (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.
Notes:
1. Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938.
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