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Report No. 110

Chapter 48

Succession Certificates (Sections 370 to 390)

I. Preliminary

48.1. Section 370-390-Scheme.-

Sections 370-390 deal with succession certificates. Under section 370, a succession certificate cannot be granted in respect of any debt or security to which a right is, by section 212 or 213, required to be established by letters of administration or probate. There is an exception provided in the case of a deceased Indian Christian.

The procedure for making an application for a succession certificate, and the Court to which it should be made, are dealt with in sections 371 to 373 and (where applicable), in section 388. The contents of the certificate are provided for in section 374. Under section 375, the Judge may require security from the grantee of the certificate.

The form of the certificate and "extensions" thereof are regulated by sections 376 to 3771. Amendment of the certificate in respect of powers of the holder as to securities is provided for in section 378. Fees on certificates are to be paid as laid down in section 379.

The extent and effect at certificates are dealt with in sections 380-382 and 387. The effect of previous certificate is dealt with in section 385, revocation in section 383 and appeals in section 384.

Section 386 validates certain payments made in good faith to the holder of an invalid certificate, which has to be delivered to the court as laid down in section 389. Section 390 deals with certain provisions regarding the exhibition of inventories and accounts with respect to Bombay Regulation VIII of 1827.

These sections will now be dealt with in detail below.

1. See Eighth Schedule.

The Indian Succession Act, 1925 Back

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