UNITHALI RAMUTTI Vs. KUTTALA PADMANABHAN CHETTI

JUDGEMENT

(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/s. 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/s. 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.