Central · Act 45 of 1963

Section 39 — Creditor’s suit against Administrator-General.

The Administrators-General Act, 1963

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(1) If any suit be brought by a creditor against any Administrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that not less than one month previous to the institution of the suit he had applied in writing to the Administrator-General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled to require.

(2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the assets of the deceased equally and rateable with the other creditors.

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Next · Section 40Notice of suit not required in certain cases. →All sections / सभी धाराएँThe Administrators-General Act, 1963 →
More sections of this actSection 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Appointment of Administrator-General.Section 4 · Appointment and powers of Deputy Administrator-General.Section 5 · Incorporation.Section 6 · Jurisdiction of High Court for the whole State.Section 7 · Administrator-General entitled to letters of administration, unless granted to next-of-kin.Section 8 · Administrator-General, entitled to letters of administration in preference to creditors, certain legatees or friends.
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India Code, Government of India. Text fetched 13 Oct 2026. Source metadata reports last modification: 2025-09-08. Check the linked official text and subsequent notifications when applying a provision.

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