Section 370 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Part X of the Act (sections 370 to 390) is about succession certificates. Section 370 is its first section. It does two things: it says in what case a succession certificate cannot be granted, and it defines "security" for the purposes of the Part. This article explains section 370, as per the text of the Act consulted.
A succession certificate shall not be granted 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 (s.370(1)). The proviso says this does not prevent a certificate being granted to a person claiming to be entitled to the effects of a deceased Indian Christian, or any part of them, with respect to any debt or security, because a right to it can be established by letters of administration under the Act. For this Part, "security" means the five kinds in clauses (a) to (e) of s.370(2).
Where section 370 sits
Part X is headed "Succession Certificates" and runs from s.370 to s.390. Section 370 is its first section and is headed "Restriction on grant of certificates under this Part"; the next sections deal with the Court, the application, the procedure, the contents of a certificate and so on. For the sections that follow, see our articles on sections 371 and 372 and section 373.
In sub-section (1) the Act coins the short form "certificate" for "a succession certificate", and uses it for the whole Part.
If you are a family looking at a bank balance, shares or government securities left by a relative and wondering whether you need a succession certificate or a grant, a short legal consultation can help you read the Act against your facts.
Section 370(1): the restriction
The rule is that a succession 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".
Read it in three parts:
- What is restricted: a grant of a certificate with respect to any debt or security.
- When: where a right to that debt or security is required, by section 212 or section 213, to be established by letters of administration or probate.
- Effect: the certificate shall not be granted for it.
Sections 212 and 213 are in Part VIII of the Act (representative title to the property of a deceased person). This article does not explain them; they are the sections that say when a right must be established by a grant, and for wills made abroad you may also read our guide on NRI wills, probate and ancillary probate. Where s.212 or s.213 requires letters of administration or probate for a right, the route is that grant, not a certificate. Later amendments to those sections are not shown in the text consulted and should be checked.
The proviso: a deceased Indian Christian
The proviso says that nothing in the 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 of them, with respect to any debt or security, "by reason that a right thereto can be established by letters of administration under this Act".
So for the effects of a deceased Indian Christian, the fact that a right can be established by letters of administration does not, by itself, stop a certificate from being granted. The proviso is limited to that class of deceased person, and to that reason. It does not say that a certificate is always granted for them.
Section 370(2): what "security" means
For the purposes of Part X, "security" means five things:
| Clause | Security, as printed |
|---|---|
| (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 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 may, by notification in the Official Gazette, declare to be a security for the purposes of this Part |
The words in square brackets in clauses (b) and (e) are as printed in the copy. Clause (e) leaves further securities to be declared by notification; no notification is part of the text consulted, so it should be read as notified. In the copy the last word of clause (e), "Part.", sits alone on a line; that is a layout slip.
Why the definition matters
Clause (c) covers "any stock or debenture of, or share in, a company or other incorporated institution". A reader holding shares of a deceased shareholder will see that shares are within the definition of security for this Part. How a company or depository registers a transfer is a separate matter, outside the text consulted; our guide on how to transmit shares on the death of a shareholder explains that process under company law. The definition itself does not say that a certificate is needed for every security; it only says what "security" means when the Part speaks of it.
An invented example: Mrs. Menon's husband dies holding a Government promissory note, shares in a company and a debenture issued on behalf of a municipal body. Clause (a), clause (c) and clause (d) each describe one of these. Whether a certificate can be granted for them depends first on the restriction in s.370(1): if section 212 or section 213 requires the right to be established by letters of administration or probate, no certificate is granted for it.
What section 370 does not say
The section does not say who may apply, which Court grants the certificate, how long it takes or what it costs. Those points are in ss.371 to 379. It also does not describe any institution's own requirements, which are outside the text consulted.
How this section fits the series
Section 370 is the gate to Part X. The following sections cover the Court and the application (ss.371 and 372), the procedure (s.373), the contents and security from the grantee (ss.374 and 375), extension and forms (ss.376 to 379), local extent and effect (ss.380 to 382), revocation and appeal (ss.383 and 384), and good-faith payments and later suits (ss.385 to 387). For the closing sections, see sections 388 to 391. For the previous Chapter of the Act, see our article on sections 368 and 369.
Need help deciding between a certificate and a grant?
If you hold or claim debts and securities of a deceased person and need to know which route fits, we can explain what the Act says and help you plan the next step. Start with our legal consultation service.
Key takeaways
- A succession certificate shall not be granted for a debt or security whose right must, under s.212 or s.213, be established by letters of administration or probate (s.370(1)).
- The proviso keeps a certificate available for a person claiming the effects of a deceased Indian Christian even though a right can be established by letters of administration.
- "Security" in Part X means the five kinds in s.370(2)(a) to (e), including company shares and securities of the Central or a State Government.
Read next
- Sections 371-372: court and application for a succession certificate
- Section 373: procedure on an application for a succession certificate
- Sections 388-391: inferior courts, surrender of certificates and savings
- How to transmit shares on the death of a shareholder
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.