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Indian Succession Act,1925

Act No : 39


Section : Proof of representative title a condition precedent to recoverythrough the Courts of debts from debtors of deceased persons.

214. Proof of representative title a condition precedent torecovery through the Courts of debts from debtors of deceasedpersons.-(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 1*, (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 exceptrent, revenue or profits payable in respect of land used foragricultural purposes.


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