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Report No. 110

XI. Recommendation as to Section 214

34.45. Recommended amendments in section 214.-

We have disposed of the various questions relating to section 214. For carrying out the points made so far in earlier paragraph, with reference to section 214, we recommend the insertion of the following Explanations to the section:-

"Explanation 11.-Nothing in this section shall be construed as precluding a debtor of a deceased person from making payment of a debt to a person (in this Explanation referred to as the 'payee') claiming, on succession, to be entitled to the effects of the deceased person or to any part thereof, where the debtor is satisfied that the payee is so entitled and has taken from the payee a bond indemnifying the debtor; and where a debtor makes such payment in good faith and after due care and attention, he shall not be bound to make payment of the debt again to the person entitled to the effects of the deceased person or to any part thereof, as the case may be, but nothing in this Explanation shall affect any remedy which the person so entitled may have against the payee who has received payment from the debtor2.

Explanation 2.-In this section, in sections 212 and 370, in sub-section (1) of section 372 and in section 379, 'debt' includes any actionable claim, and "debtor" and "payment"' shall be construed accordingly3-4.

Explanation 3.-Nothing in this section shall be construed as precluding the institution of a suit for the recovery of any debt, but no decree shall be passed in a suit for such recovery unless the provisions of this section are complied with5.

Explanation 4.-Nothing in this section shall be construed as barring the continuance by a legal representative of a proceeding for execution already initiated6."

1. If so considered necessary, the first Explanation could be limited to claims for small amounts.

2. See para. 34.36, supra.

3. The definition of "debt" should, besides being incorporated in section 214, also be made applicable to sections 212, 370, 372(1) and 379.

4. See para. 34.30, supra.

5. See para. 34.33, supra.

6. See para. 34.36, supra.

The Indian Succession Act, 1925 Back

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