Section 214 in The Indian Succession Act, 1925
214. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors ... deceased person for payment of his debt to a person claiming on succession to be entitled to the effect of the deceased person
considered the scope of Section 214 and said "
"It is not correct to say that Section 214 , Succession Act, does not apply where ... Section 212 or Section 213 to be established by letters of administration or probate. This case is governed by Section 214 and not by Section
bare perusal of Section 214 makes it abundantly clear that Sub-section (1)(a) of the said section relates to the jurisdiction of the Court ... decree-holder. Sub-section (1)(b) of Section 214 only bars the institution of execution proceedings by a person claiming on succession and does
subsection (1) of Section 214 .
18. A bare reading of Section 214 of the Indian Succession Act shows
that the bar thereunder ... Mavji2 it was held that Section 214
prohibits the passing of a decree not trial of a suit. Section 214 of the Indian
certificate with respective the debt in question as required by Section 214 of the Succession Act. This objection eventually prevailed with the court below ... husband without producing a succession certificate as required by Section 214 of the Succession Act.
3. There is a divergence of judicial opinion on this
payment of "debt" within the meaning of Section 214 , Succession Act, and if not, whether there are any real obstacles to her recovering ... word "debt" as used in Section 4 , Succession Certificate Act, which now corresponds with Section 214 , Succession Act: see the decision
payment of "debt" within the meaning of Section 214 , Succession Act, and if not whether there are any real obstacles to her recovering ... word debt" as used in Section 4 , Succession Certificate Act, which now corresponds with Section 214 , Succession Act: see the decision of the Full
ground that no succession certificate was produced under Section 214 of the Indian Succession Act, Aggrieved, the petitioner havS filed the above Revision ... Section 214 . But that in my view, does not make much difference in the interpretation of the scope of Section 214 . Section 214 specifically bars
Himmat Bahadur [1876] 1 Cal. 391 at p. 401.
8. Section 214 , Succession Act, provides that
no Court shall pass a decree against a debtor ... within the meaning of Section 214 , Succession Act, Section 381 , Succession Act, provides that
the succession certificate granted by the District Judge with respect
reading of sub section (2) of
the Section 214 which defines debt in the form of inclusive
definition. The said section would therefore, not operate ... contemplated
under Section 214 ; since it is not a debt
within the meaning of subsection (2) of
Section 214 of the Indian Succession
