(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 section 31 or section 32 of the Administrator General's Act, 1913 (3 of 1913), and having the debt mentioned therein, or
(iii) a succession certificate granted under Part X and having the debt specified therein, or
(iv) a certificate granted under the Succession Certificate Act, 18894 (7 of 1889), or
(v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May, 1889, 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.
Legal Commentary & Landmark Judgments: Section 214
Section 214 enacts an absolute procedural bar against courts passing a decree or executing against a debtor of a deceased person for payment of debt, unless representative title (probate, letters of administration, or succession certificate) is produced.
Section 214 is the primary reason why succession certificate petitions under Section 372 are filed in India. When a bank refuses to release a deceased person's fixed deposit, filing a suit against the bank is futile without a succession certificate under Section 214. Counsel should file a petition under Section 372 to obtain a succession certificate specifically listing the bank accounts, which compels immediate payment under Section 381.