Application for certificate
Section 372 of the Indian Succession Act, 1925 deals with application for certificate. Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting The Act came into force on 30 Sep 1925.
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
1[(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
Section 372, 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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Enturi Yesoda vs T. Gurramma
Court's Decision & Legal Precedent
Where a dispute involves both succession certificate claims and terminal benefits entitlements, the proper statutory procedure under Section 372 of the Indian Succession Act must be followed for succession certificate grant, and the grant of succession certificate cannot be based solely on Hindu Succession Act provisions without addressing procedural defects raised by the applicant. Additionally, the entitlement to succession certificate and terminal benefits may not necessarily accrue to the same set of beneficiaries, and each must be determined on its own merits and statutory framework.
On this section: Court noted that absence of proper application under Section 372 is a material requirement for granting succession certificate, which the High Court appears to have overlooked
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PRIYA RAO vs NIL
Court's Decision & Legal Precedent
When multiple persons are admitted as Class-1 heirs in a petition for a succession certificate, the certificate must be issued jointly to all such heirs regardless of informal internal arrangements, unless a legal relinquishment is recorded.
On this section: The procedural and substantive basis for granting a succession certificate.
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.
Questions about Section 372
What have the courts held on Section 372 of the Indian Succession Act?
Enturi Yesoda vs T. Gurramma (15 Sep 2006) is the leading judgment on this section among those set out below: Court noted that absence of proper application under Section 372 is a material requirement for granting succession certificate, which the High Court appears to have overlooked. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2006 to 2019.
How do I find court cases under Section 372 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 372, section 372 Succession Act, section 372 of the Indian Succession Act. People searching for it also type indian succession act 372 jurisdiction and indian succession act section 372 judgment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Enturi Yesoda vs T. Gurramma (15 Sep 2006).
What should I read with Section 372 of the Indian Succession Act, and has it changed?
Its own text turns on Indian Penal Code 198 (Using as true a certificate known to be false), section 370 (Restriction on grant of certificates under this part), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 372 of the Indian Succession Act come into force?
Section 372 of the Indian Succession Act, cited as Succession Act 372, 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 15 Oct 2026. This page is not a substitute for legal advice.