Succession Certificate Act, 1977 (1920 A. D.)

No: 39 Dated: Apr, 01 1978

THE SUCCESSION CERTIFICATE ACT, 1977 (1920 A. D.)

(Act No. XXXIX of Svt. 1977)

    An Act to facilitate the collection of debts on succession and afford protection to parties paying debts to the representatives of deceased persons.

    Whereas it is expedient to facilitate the collection of debts on succession and afford protection to parties paying debts to the representatives of deceased persons :

It is hereby enacted as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the Succession Certificate Act, 1977.

(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.

2. Omitted.

3. Definitions. - In this Act unless there is something repugnant in the subject or context,-

(1) "District Court", subject to the other provisions of this Act and of any other enactment for the time being in force, means a Court presided over by a District Judge; and

(2) Security" means-

(a) any promissory note, debenture, stock or other security of the Government of India;

(b) any bond, debenture, or annuity charged by the [Act of Parliament of the United Kingdom] on the revenues of India;

(c) any stock or debenture of, or share in, a company or other incorporated institution;

(d) any debenture or other security for money issued by, or on behalf of a local authority;

(e) any other security which [the Government] may, by notification in the Government Gazette, declare to be a security for purposes of this Act.

4. Proof of representative title a condition precedent to recovery through the Court 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 this Act or the Succession Certificate Regulation of 1896 and 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.