Section 37: Deceased person’s debts

37. Deceased person’s debts (1) A creditor may, at any time after the expiry of 2 months from the death of his debtor, cause a notice to be personally served on any of the heirs of the debtor, calling upon him to supply, in the form of an affidavit and not later than 2 months from the date of the service of the notice, such information as the creditor may require regarding the heirs left by the debtor or the guardian, sub-guardian, or other legal representative of any of the heirs. (2) The creditor may, after the expiry of the period specified in subsection (1)— (a) where the notice has not been complied with; or [Issue 1] C60 – 12 Revised Laws of Mauritius (b) where the debtor has left an heir who is not known or not provided with a guardian, sub-guardian, or other legal representative, apply to a Judge for an order vesting the Curator with the succession of the debtor. (3) The order shall be granted on the production of an affidavit that— (a) the applicant is the holder of an executory title; (b) his debtor has died; (c) the debtor has left property; and (d) one of the conditions specified in subsection (2) exists. (4) An order made under subsection (3) shall vest in the Curator all the property and rights of the succession of the debtor to the same extent as if the Curator were the sole heir and representative of that succession and this Act shall apply to that succession as it applies to a vacant estate vested in the Curator. (5) Notwithstanding any other enactment, no person claiming to be an heir of the deceased debtor shall challenge— (a) an order made under subsection (3), or any action, proceedings, or act taken or done by a creditor on the strength of information supplied to him under subsection (1) for the recovery of a debt due from the deceased debtor; (b) a sale by levy, licitation or otherwise of any property of the deceased debtor. (6) Nothing in subsection (5) shall be construed so as to affect the rights of any person claiming to be an heir of the deceased debtor against any co-heir. (7) In this section, “heir” includes a surviving spouse, a legatee and a donee.