Restriction on grant of certificates under this part
Section 370 of the Indian Succession Act, 1925 deals with restriction on grant of certificates under this part. A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate: Provided that nothing conta The Act came into force on 30 Sep 1925.
(1) A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate:
Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Indian Christian, or to any part thereof, with respect to any debt or security, by reason that a right thereto can be established by letters of administration under this Act.
(2) For the purposes of this Part, "security" means--
(a) any promissory note, debenture, stock or other security of the Central Government or of a State Government;
(b) any bond, debenture, or annuity charged by Act of Parliament 1[of the United Kingdom] on the revenues of India;
(c) any stock or debenture of, or share in, a company or other incorporated institution;
(d) any debenture or other security for money issued by, or on behalf of, a local authority;
(e) any other security which the 2[State Government] may, by notification in the Official Gazette, declare to be a security for the purposes of this Part.
Section 370, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Joginder Pal vs Indian Red Cross Society
Court's Decision & Legal Precedent
Proceedings for grant of Succession Certificate under Part X of the Indian Succession Act are summary in nature. Section 387 of the Indian Succession Act explicitly provides that no decision under Part X upon any question of right between parties shall bar the trial of the same question in any suit or other proceeding between the same parties. Therefore, even if issues are raised and evidence is led in Succession Certificate proceedings, the findings therein do not operate as res judicata and do not bar a subsequent suit between the same parties on the same question of right. The principles of res judicata, as embodied in Explanation VIII to Section 11 of the Code of Civil Procedure, do not apply to decisions made in Succession Certificate proceedings because Section 387 of the Indian Succession Act provides a protective umbrella against such application.
On this section: Part X dealing with Succession Certificates; establishes summary nature of proceedings and limitations on finality of decisions
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Under Section 371 and 372 of Indian Successions Act, it is only the District Judge who is competent and has jurisdiction to grant a Succession Certificate in respect of the debts and securities of a deceased person. This suit is, therefore, barred under Section 370 of the Indian Succession Act. The comprehensive reading of the plaint shows that the plaintiff who is the CS(OS) 277/2021 Page 15 of 18 wife of the deceased Shri Ritesh Kumar Sinha has made specific averments that she and defendant No.1 who is the mother of the deceased are …
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… The grievance of the petitioner concerns the stand taken by the respondents that the amounts can be released only on production of succession certificate or letter of administration with attested copy of probated Will. The specific case of the petitioner is that a succession certificate under Section 370 of the Indian Succession Act ('the Act') cannot be applied for and obtained in respect of a debt or security to which a right is required to be established by letters of administration or probate under Sections 212 or 213 of the Act. It is his case that in so far as a Will has already been executed by the …
Questions about Section 370
What have the courts held on Section 370 of the Indian Succession Act?
Joginder Pal vs Indian Red Cross Society (29 Sep 2000) is the leading judgment on this section among those set out below: Part X dealing with Succession Certificates; establishes summary nature of proceedings and limitations on finality of decisions.
How do I find court cases under Section 370 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 370, section 370 Succession Act, section 370 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 370. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Joginder Pal vs Indian Red Cross Society (29 Sep 2000).
What should I read with Section 370 of the Indian Succession Act, and has it changed?
Its own text turns on section 212 (Right to intestate’s property), section 213 (Right as executor or legatee when established), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When did Section 370 of the Indian Succession Act come into force?
Section 370 of the Indian Succession Act, cited as Succession Act 370, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.