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Requisition of security from grantee of certificate - Sec.375

Legal Version/Simplified Version

(6) Requisition of security from grantee of certificate - Sec.375

  1. The District Judge shall in any case in which he proposes to proceed under sub-section (3) or sub-section (4) of Section 373, and may, in any other case require as a condition precedent to the granting of a certificate, that the person to whom he proposes to make the grant shall give to the Judge a bond with one more surety or sureties, or other sufficient security, for rendering an account of debts and securities received by him and for indemnity of persons who may be entitled to the whole or any part of those debts and securities.
  2. The Judge may, on application made by petition and no cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder.

Simplified Version

(6) Requisition of security from grantee of certificate - Sec.375

On basis of the debts and securities attached with the property the person getting the succession certificate has to deposit a security and a surity bond in the court proportionate to the amount owed to the debtors. Failing which the debtors can sue him in the court of law.

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