Revocation of certificate
Section 383 of the Indian Succession Act, 1925 deals with revocation of certificate. A certificate granted under this Part may be revoked for any of the following causes, namely:-- (a) that the proceedings to obtain the certificate were defective in substance; The Act came into force on 30 Sep 1925.
A certificate granted under this Part may be revoked for any of the following causes, namely:--
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
Section 383, 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: Grounds for revocation of Succession Certificate; includes revocation when decree or order by competent court renders it proper to revoke
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 383
What have the courts held on Section 383 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: Grounds for revocation of Succession Certificate; includes revocation when decree or order by competent court renders it proper to revoke.
How do I find court cases under Section 383 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 383, section 383 Succession Act, section 383 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 383. 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 383 of the Indian Succession Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 383 of the Indian Succession Act come into force?
Section 383 of the Indian Succession Act, cited as Succession Act 383, 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.