Section 214 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
When a person dies, others owe money to the estate: a customer's unpaid bill, a loan given, a deposit. Section 214 of the Indian Succession Act, 1925 says a Court will not pass a decree against such a debtor, or execute one, at the instance of a person claiming on succession, unless he produces one of five documents. This article explains the section as per the text of the Act consulted.
Under s.214(1), no Court shall pass a decree against a debtor of a deceased person, or proceed to execute a decree or order against him, on the application of a person claiming on succession to be entitled to the deceased's effects, except on production of one of five documents: (i) probate or letters of administration, (ii) a certificate under the Administrator-General's Act, (iii) a succession certificate under Part X, (iv) a certificate under the Succession Certificate Act, 1889, or (v) a certificate under Bombay Regulation No. VIII of 1827. Under s.214(2), "debt" excludes rent, revenue or profits of agricultural land.
What the section does and does not say
The section is about proof of title in a recovery proceeding against a debtor. It does not say that the heir loses the debt if he lacks a document; it says a Court shall not pass a decree or proceed to execute until the document is produced. It also does not say how to obtain any of the documents listed; those are dealt with elsewhere. For succession certificates, see the later Part X sections, which our series covers separately.
If you are chasing money owed to a relative's estate and are not sure which document to obtain, a legal consultation can help you map the debt to the right route.
Section 214(1): the two proceedings caught
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 of them; or
- (b) proceed, on 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 one of the documents below.
So s.214 catches both the stage of getting a decree and the stage of executing it.
The five documents in clauses (i) to (v)
| Clause | Document | What the text adds |
|---|---|---|
| (i) | A probate or letters of administration | Evidencing the grant to him of administration to the estate of the deceased |
| (ii) | A certificate granted under section 31 or section 32 of the Administrator-General's Act, 1913 (3 of 1913) | Having the debt mentioned in it |
| (iii) | A succession certificate granted under Part X | Having the debt specified in it |
| (iv) | A certificate granted under the Succession Certificate Act, 1889 (7 of 1889) | No further condition stated in the clause |
| (v) | A certificate granted under Bombay Regulation No. VIII of 1827 | If granted after the first day of May, 1889, having the debt specified in it |
The references to the Administrator-General's Act, 1913, the Succession Certificate Act, 1889 and Bombay Regulation No. VIII of 1827 are quoted as printed. The reader should check the current law for the corresponding provisions. The Act of 1913's name appears in the copy consulted without its apostrophe; the sense is the Administrator-General's Act.
Where each document comes from
- Probate and letters of administration are the grants that Part IX of the Act deals with; both are defined in s.2 and explained in our article on the definitions in s.2.
- A succession certificate under Part X is the Act's own certificate for debts and securities; the procedure sits in ss.370 onwards.
- The other three are certificates under the other laws named in the clauses.
For how these fit with probate when both exist, see our article on ss.215-216: probate supersedes a succession certificate.
Section 214(2): what "debt" includes
The word "debt" in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes. So a bank deposit, a loan or a trade debt is within the section, while rent, revenue or profits of agricultural land are not.
The text gives no further list. It does not, for example, say whether a particular kind of account is a "debt"; that depends on ordinary meaning and on the other laws.
A worked scenario
A fresh example
Meenakshi lends 4,00,000 rupees to a trader, Deepak, and dies. Her son Arvind sues Deepak for the money, saying he is entitled on succession. Under s.214(1)(a), the Court shall not pass a decree against Deepak in favour of Arvind unless Arvind produces one of the five documents. Arvind may produce a succession certificate under Part X which has the debt specified in it, for instance. If Arvind had instead obtained the decree and applied to execute it, s.214(1)(b) imposes the same requirement at that stage. Had Meenakshi's loan been rent from agricultural land, s.214(2) would take it out of the meaning of "debt" for the purposes of the section. These are only the printed rules applied to invented facts; the actual document needed depends on the estate.
Points to check
- Is it a debt? Check s.214(2) for rent, revenue or profits of agricultural land.
- Which document? Probate, letters, or one of three certificates. Some must mention the debt.
- Date for the old regulation. Clause (v) mentions the first day of May, 1889.
- Stage. The bar applies to a decree and to its execution.
- Current law. The other Acts are quoted as printed; check the corresponding current provisions.
On the tax side of money that comes to a family after a death, see our income-tax guides, for example tax on inheritance and will. For more on how shares are claimed after a holder's death, see how to transmit shares on the death of a shareholder.
Need help recovering money owed to a deceased person's estate?
The right document depends on the estate and on the debt. Our team can look at the papers and explain which route fits, then help you prepare. Reach out through legal consultation with the death certificate, the debt papers and any will.
Key takeaways
- Section 214(1): no decree against a debtor of a deceased person, and no execution against him, at the instance of a person claiming on succession, without one of five listed documents.
- The five: probate or letters of administration; an Administrator-General's certificate; a Part X succession certificate; a Succession Certificate Act, 1889 certificate; a Bombay Regulation No. VIII of 1827 certificate.
- Some certificates must have the debt specified in them.
- Section 214(2): "debt" excludes rent, revenue or profits payable in respect of land used for agricultural purposes.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 215-216: probate supersedes a succession certificate, and only the grantee may sue
- Section 213: when probate is needed to establish a right under a will
- Sections 211-212: executor or administrator as legal representative
- How to transmit shares on the death of a shareholder
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.