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Report No. 110

XII. Miscellaneous

34.46. Section 215.-

This takes us to section 215, which reads as under:-

"215(1)-A grant of probate or letters of administration in respect of an estate shall be deemed to supersede any certificate previously granted under Part X or under the Succession Certificate Act, 1889, or Bombay Regulation No. VIII of 1827, in respect of any debts or securities included in the estate.

(2) When at the time of the grant of the Probate or letters any suit or other proceedings instituted by the holder of any such certificate regarding any such debt or security is pending, the person to whom the grant is made shall, on applying to the Court in which the suit or proceeding is pending, be entitled to take the place of the holder of the certificate in the suit or proceeding:

Provided that, when any certificate is superseded under this section, all payments made to the holder of such certificate in ignorance of such supersession shall be held good against claims under the probate or letters of administration."

The section seems to need no change.

34.47. Section 216.-

According to section 216, after any grant of probate or letters of administration, no person other than the person to whom the same may have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, throughout the State in which the same may have been granted, until such probate or letters of administration has or have been recalled or revoked.

This section also needs no change, having created no serious problems.

The Indian Succession Act, 1925 Back

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