Skip to content


Unithali Ramutti and anr. Vs. Kuttala Padmanabhan Chetti - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in138Ind.Cas.494
AppellantUnithali Ramutti and anr.
RespondentKuttala Padmanabhan Chetti
Cases ReferredBalakrishnudu v. Narayanaswamy Chetty
Excerpt:
succession act (xxxix of 1925), section 214 - executor appointed by will--probate unnecessary and not obtained for will--succession certificate--whether executor exempted from producing. - - the words of the section appear to me clearly to include such an executor......before he can get a decree for a debt due to the testator's estate. the words of the section appear to me clearly to include such an executor. it is contended by mr. govinda menon that such an executor does not claim 'on succession' within the meaning of the section. but not only would those words in their ordinary meaning include such a testator: clause 6(1) of the section includes among persons 'so claiming' i.e., on succession, executors who have obtained probate. the opinion of the full bench in ramiah v. venkatasubbamma 24 ind. cas. 852 : 37 mad. 175 regarding the vesting of the testator's property in an executor by a will for which probate is unnecessary, does not affect this question; and it may be noticed that in that case the opinion of wallis, c.j., in balakrishnudu v......
Judgment:

Reilly, J.

1. I see no reason to hold that an executor appointed by a will, for which probate need not be obtained and has not been obtained, is exempted from the requirement of Section 214 of the Indian Succession Act, to produce a succession certificate before he can get a decree for a debt due to the testator's estate. The words of the section appear to me clearly to include such an executor. It is contended by Mr. Govinda Menon that such an executor does not claim 'on succession' within the meaning of the section. But not only would those words in their ordinary meaning include such a testator: Clause 6(1) of the section includes among persons 'so claiming' i.e., on succession, executors who have obtained probate. The opinion of the Full Bench in Ramiah v. Venkatasubbamma 24 Ind. Cas. 852 : 37 Mad. 175 regarding the vesting of the testator's property in an executor by a will for which probate is unnecessary, does not affect this question; and it may be noticed that in that case the opinion of Wallis, C.J., in Balakrishnudu v. Narayanaswamy Chetty 24 Ind. Cas. 852 : 37 Mad. 175, that such an executor must obtain a eucceeeion certificate before he can get a decree for a debt is quoted with approval.

2. This petition is dismissed.

3. Time for obtaining the certificate is extended by two months from this date.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //