214Proof 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.
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1. Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938.
- 211 Character and property of executor or administrator as such
- 212 Right to intestate’s property
- 213 Right as executor or legatee when established
- 214 Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons
- 215 Effection certificate of subsequent probate or letters of administration
- 216 Grantee of probate or administration alone to sue, etc., until same revoked