By Legum Pacific Editorial ·
Suppose an elderly neighbour who lent money to others dies. A borrower says he will pay only to someone with a court document. A relative wants to collect government stocks left to the dead person.
The excerpts below come from the Indian Succession Act, 1925. They describe succession certificates and give definitions for probate, executor and administrator.
What does the law say about a succession certificate?
Part X of the Act is headed “SUCCESSION CERTIFICATES” and section 370 begins the Part. Section 370 says a succession certificate (called a “certificate” in the Part) shall not be granted in respect of any debt or security for which a right must be established by letters of administration or by probate under the Act. Section 370 also lists what counts as a “security” for the purposes of the Part (for example, promissory notes, debentures, Government stock, company shares, and securities a State Government may notify).
Section 371 states which Court may grant a certificate: the District Judge in whose district the deceased ordinarily resided at death, or, if the deceased had no fixed residence, the District Judge in whose district any part of the deceased’s property may be found.
How is a succession certificate applied for and decided?
Section 372 requires the application to be made by petition to the District Judge. The petition must be signed and verified in the same manner as a plaint under the Code of Civil Procedure. Section 372(1) lists the particulars the petition must set out: the time of death; the deceased’s ordinary residence at death and any property within the Judge’s limits; the family or near relatives and their residences; the right in which the petitioner claims; the absence of any impediment under section 370 or any other provision to the grant of the certificate; and the debts and securities for which the certificate is applied.
Under section 373, if the Judge is satisfied there is ground to entertain the application, the Judge fixes a day for hearing, causes notice to be served on persons who should have special notice, posts notice in the court‑house and may publish notice in other ways as the Judge thinks fit under High Court rules. The Judge decides the right in a summary manner. If the Judge finds the right belongs to the applicant, the Judge orders the grant of the certificate (section 373(2)).
Section 373 allows the Judge, if the matter looks too intricate for summary proceedings, to grant a certificate if the applicant appears prima facie to have the best title. When there are multiple applicants, the Judge may consider the extent of interest and the fitness of applicants in choosing to whom to grant the certificate (section 373(3)–(4)).
Section 379 requires every application for a certificate or for an extension to be accompanied by a deposit equal to the fee payable under the Court‑Fees Act, 1870. If the application is allowed, the deposit is used to purchase the stamp denoting the fee and any unspent sum is refunded.
What does a succession certificate allow the holder to do?
Section 374 says the certificate must specify the debts and securities named in the application. The certificate may empower the holder to receive interest or dividends on, to negotiate or transfer, or both to receive and to negotiate or transfer any of the specified securities.
Before granting a certificate, the Judge shall, in certain cases, and may in others, require the grantee to give a bond with one or more sureties or other sufficient security for rendering accounts of debts and securities received and for indemnity of persons entitled to those debts and securities (section 375(1)). Section 375(2) allows the Judge, on cause shown, to assign such a bond or security to a proper person who can sue on it as trustee for all persons interested.
A District Judge may extend a certificate to any debt or security not originally specified; such an extension has the same effect as if that debt or security had been originally specified (section 376). Section 377 directs that certificates and extensions should be in the forms set out in Schedule VIII, as nearly as circumstances admit.
What effect does a certificate have, where is it effective, and when can it be revoked?
Section 381 states that the certificate of the District Judge shall, with respect to the debts and securities specified in it, be conclusive as against the persons owing such debts or liable on such securities. It also says the certificate shall, notwithstanding any contravention of section 370 or other defect, afford full indemnity to persons who, in good faith, make payments or dealings with the person to whom the certificate was granted in respect of those debts or securities.
Section 380 provides that a certificate under this Part shall have effect throughout India.
Section 383 lists grounds for revocation: defective proceedings to obtain the certificate; obtaining it by fraud, false suggestion, or concealment of something material; obtaining it by an untrue allegation of a fact essential in law (even if made in ignorance); the certificate becoming useless or inoperative through circumstances; or a competent court’s decree or order about effects comprising debts or securities specified in the certificate making revocation proper. Section 384 states that, subject to the Part’s provisions, an appeal lies to the High Court from an order of a District Judge granting, refusing or revoking a certificate.
What about probate, executors and administrators?
Section 2 of the Act gives short definitions. It defines “probate” as the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator. It defines “executor” as the person to whom execution of the last will is confided by the testator’s appointment. It defines “administrator” as a person appointed by competent authority to administer the estate of a deceased person when there is no executor.
Key points
- A succession certificate is governed by Part X of the Indian Succession Act, 1925 (sections beginning at 370).
- The District Judge where the deceased ordinarily resided, or where property is found, may grant the certificate (section 371).
- The petition must state the time of death, residence, relatives, the petitioner’s claim, absence of impediment, and the debts/securities (section 372(1)).
- A certificate may empower the holder to receive interest, to negotiate or transfer specified securities, and the Judge can require a bond or security (sections 374–375).
- A certificate is conclusive as to the specified debts and securities and has effect throughout India; it can be revoked for the specific grounds listed in section 383, and appeal lies to the High Court (sections 380, 381, 383–384).
Laws referred to
- The Indian Succession Act, 1925 (Act No. 39 of 1925) — sections 2, 370–384, including 371, 372, 373, 374, 375, 376, 377, 379, 380, 381, 383, 384
Official sources
This guide explains what the law itself says. Court rulings interpreting these provisions can also affect how they apply in a particular case. It states the position under the official texts listed above, as at 29 October 2026.