As of 6 November 2026, A dies leaving a valid will made in Delhi giving his entire disposable estate,…
Act 37 of 2025 omitted section 213 of the Indian Succession Act; its compulsory-probate bar is no longer current. Section 214 remains distinct: before a decree for a…
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As of 6 November 2026, A dies leaving a valid will made in Delhi giving his entire disposable estate, including a recoverable loan of Rs.100 lakh owed by his brother, to his wife. No executor or administrator has received a grant. Her entitlement is undisputed. Which statement distinguishes institution of her debt-recovery suit from obtaining its decree?
Answer and explanation
Correct answer A
Act 37 of 2025 omitted section 213 of the Indian Succession Act; its compulsory-probate bar is no longer current.
Section 214 remains distinct: before a decree for a deceased person's debt is passed for a claimant by succession, prescribed representative-title proof is needed, including the available succession-certificate route.
Option feedback
Option A
She may institute without a compulsory-probate bar, but section 214 proof is required before a decree for the deceased's debt.
Option B
Probate is not now a universal condition of institution; a succession certificate specifying the debt is a section 214 alternative.
Option C
A valid bequest of the debt does not make recovery impossible.
Option D
A receivable is an asset even while the debtor holds the money; physical possession is unnecessary.
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Delhi Higher Judicial Service