Sections 371-372 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.
Two questions come first for anyone who wants a succession certificate: which Court do I go to, and what must my petition say? Section 371 answers the first and s.372 the second. This article explains both, including the six particulars (a) to (f) the petition must set out, as per the text of the Act consulted.
The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death may grant a certificate; if he had no fixed place of residence, the District Judge within whose jurisdiction any part of the property may be found (s.371). The application is made to the District Judge by a petition signed and verified in the manner the Code of Civil Procedure, 1908 prescribes for a plaint, and it sets out six particulars (a) to (f) (s.372(1)). A petition containing an averment the verifier knows or believes to be false, or does not believe to be true, is deemed an offence under section 198 of the Indian Penal Code (s.372(2)). The application may be for portions of debts (s.372(3)).
Section 371: which District Judge
Section 371 gives two routes:
- The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death; or
- if at that time he had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.
It says the Judge "may grant a certificate under this Part". The first test is residence at death; the second applies only when there was no fixed place of residence. The Act allows an inferior Court to be invested with the powers of a District Judge for this Part; that is dealt with in s.388 (see our article on sections 388 to 391).
An invented example: Mr. Iyer lived and died in Pune, though some of his bank deposits are held elsewhere. On the first route, the District Judge within whose jurisdiction he ordinarily resided at death is the one the section names. If instead he had no fixed place of residence, the District Judge within whose jurisdiction any part of his property may be found is the one.
If you are preparing to apply and are unsure which Court has jurisdiction on your facts, help with drafting the petition and its verification can include mapping the residence and property to the section.
Section 372(1): the petition
The application "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". The Act refers to that Code as printed; the reader should check the current law for the corresponding provision.
The six particulars
| Clause | The petition must set forth |
|---|---|
| (a) | The time of the death of the deceased |
| (b) | The ordinary residence of the deceased at the time of his death and, if that 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 the Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted |
| (f) | The debts and securities in respect of which the certificate is applied for |
Some points on each:
- (a) and (b) connect directly to s.371: the time of death and the place of ordinary residence, with the property within the Judge's limits if residence was elsewhere.
- (c) asks for the family or near relatives and where they live. The text does not say how near, or how many.
- (d) is the right in which the petitioner claims. The text does not list the possible rights.
- (e) is the "absence of any impediment". It ties to s.370, which says a certificate shall not be granted for a debt or security whose right must be established by letters of administration or probate (see our article on section 370).
- (f) is the list of debts and securities. Clause (f) matters later: under s.374 the certificate specifies the debts and securities set forth in the application.
Section 372(2): a false averment
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 (45 of 1860). The Act's reference to the Indian Penal Code is quoted as printed; the reader should check the current law for the corresponding provision. This article does not describe that section or any penalty because s.372 does not.
The point is practical: the person who signs the verification answers for the averments. Where an averment is on information received from others, the text consulted does not say how that is to be shown, and no rule is added here. For the general form of an affidavit or declaration, see our guide on affidavits, their types and format.
Section 372(3): debts in part
The copy prints sub-section (3) in square brackets: "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." So an application can cover one or more debts, or portions of them. The brackets mean the words were inserted; the copy does not say by which amending law and none is stated here.
Putting it together
| Step | Section | Point |
|---|---|---|
| Choose the Court | 371 | District Judge of the place of ordinary residence at death, or where any property is found if no fixed residence |
| Draft the petition | 372(1) | Signed and verified as a plaint; particulars (a) to (f) |
| Verify with care | 372(2) | Knowingly or believed false averment: deemed an offence under the Penal Code section named |
| Decide the scope | 372(3) | Debts in whole or in portions |
The text of ss.371 and 372 prints no court fee or stamp amount; a later section refers to the fee under the Court-fees Act, 1870, without an amount (see our article on sections 376 to 379). Once the petition is filed, the Judge follows the procedure of s.373, explained in our article on section 373.
Later amendments, State amendments and rules are not shown in the text consulted and should be checked.
Need help with a succession certificate petition?
If you are preparing a petition and want help setting out the particulars (a) to (f), or checking the verification, we can explain what the Act requires. Start with our affidavit and declaration drafting service.
Key takeaways
- The District Judge of the deceased's ordinary residence at death may grant a certificate; if there was no fixed residence, the District Judge where any part of the property is found (s.371).
- The petition is signed and verified as for a plaint and sets out particulars (a) to (f) (s.372(1)).
- A false averment known or believed false, or not believed true, is deemed an offence under the Penal Code section named (s.372(2)).
- An application may be made for debts in whole or in portions (s.372(3)).
Read next
- Section 370: succession certificate, when it cannot be granted and meaning of security
- Section 373: procedure on an application for a succession certificate
- Sections 374-375: contents of a succession certificate and security from the grantee
- Affidavit: definition, types, format and legal requirements
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.