Effect of decisions under this Act, and liability of holder of certificate thereunder

Q: When did Section 387 of the Indian Succession Act come into force?

Section 387 of the Indian Succession Act, cited as Succession Act 387, 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.

In force From 30 Sep 1925 Act 39 of 1925 As on 18 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 1 provision

Section 387 of the Indian Succession Act, 1925 deals with effect of decisions under this Act, and liability of holder of certificate thereunder. No decision under this Part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole The Act came into force on 30 Sep 1925.

No decision under this Part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, to account therefore to the person lawfully entitled thereto.
Section 387, 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.

Referred to by 1

s. 390 Provisions with respect to certificates under Bombay Regulation VIII of 1827

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.

Joginder Pal vs Indian Red Cross Society

Supreme Court of India 29 Sep 2000 Binding (SC)

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: Critical provision establishing that no decision under Part X upon any question of right between parties shall bar trial of same question in any suit or proceeding between same parties; permits subsequent suits despite Succession Certificate

Read the full order on eCourts India

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 387

What have the courts held on Section 387 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: Critical provision establishing that no decision under Part X upon any question of right between parties shall bar trial of same question in any suit or proceeding between same parties; permits subsequent suits despite Succession Certificate.

How do I find court cases under Section 387 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 387, section 387 Succession Act, section 387 of the Indian Succession Act. People searching for it also type 387 indian succession act. 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 387 of the Indian Succession Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 387 of the Indian Succession Act come into force?

Section 387 of the Indian Succession Act, cited as Succession Act 387, 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

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 18 Oct 2026. This page is not a substitute for legal advice.