Section 373 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.
Once a petition for a succession certificate is filed, what does the District Judge do? Section 373 sets out the procedure: satisfaction that there is ground to entertain the application, a hearing day, notice served and posted, a summary decision on the right to the certificate, and special rules for intricate questions and for several applicants. This article explains the four sub-sections, as per the text of the Act consulted.
If the District Judge is satisfied that there is ground for entertaining the application, he fixes a day for hearing and causes notice to be served on persons who in his opinion should have special notice, and posted in the Court-house and published as he thinks fit; then he decides in a summary manner the right to the certificate (s.373(1)). If the right is the applicant's, he makes an order for the grant (s.373(2)). If the questions are too intricate for a summary proceeding, he may still grant to the applicant who appears to have the strongest prima facie title (s.373(3)). If there are several interested applicants, he may have regard to extent of interest and fitness (s.373(4)).
Section 373(1): hearing and notice
The sub-section begins with a condition: "If the District Judge is satisfied that there is ground for entertaining the application". If so, he shall fix a day for the hearing and cause notice of the application and of the day fixed to be:
- (a) served on any person to whom, in the opinion of the Judge, special notice of the application should be given; and
- (b) posted on some conspicuous part of the Court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit.
Then, upon the day fixed, "or as soon thereafter as may be practicable", he shall proceed to decide in a summary manner the right to the certificate.
Four things stand out. The Judge first checks that there is "ground for entertaining" the application; notice has two limbs, a special notice and a general posting; any rules of the High Court are to be followed for the manner of publication (the text consulted prints none); and the decision is "summary". The text does not say who is to be given special notice, leaving it to the Judge's opinion. Nor does it say how long the notice period is.
If you are an applicant preparing for the hearing day, or a relative who has received a notice and wants to respond, a short legal consultation can help you understand where you stand under the sub-section.
Section 373(2): order for the grant
When the Judge decides the right to belong to the applicant, he shall make an order for the grant of the certificate to him. The sub-section is brief and states the direct consequence of a summary decision in the applicant's favour. The petition for that decision is described in our article on sections 371 and 372.
Section 373(3): intricate questions
If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to him to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the strongest title to it. In plain words, this is the applicant whose title appears strongest on a summary view.
Three conditions must be present: a question of law or fact; one that seems too intricate and difficult for a summary proceeding; and an applicant who appears to have the strongest prima facie title. The word is "may": the Judge is not obliged to grant. The text does not say what happens to the intricate question afterwards, but s.387 says that no decision under Part X on a question of right between parties bars the trial of the same question in a suit or other proceeding between the same parties (see our article on sections 385 to 387).
Section 375(1) adds that where the Judge proposes to proceed under sub-section (3) or (4) of this section, he shall require security from the grantee (see our article on sections 374 and 375).
Section 373(4): more than one applicant
When there are more applicants than one for a certificate, and it appears to the Judge that more than one of them are interested in the estate of the deceased, the Judge may, in deciding to whom the certificate is to be granted, "have regard to the extent of interest and the fitness in other respects of the applicants".
The Judge may weigh two things: how large each applicant's interest is, and each applicant's fitness in other respects. The text does not give a list of factors for "fitness".
An invented example: after Mr. Kapoor's death, his widow Sunita and his brother Vinod each apply for a certificate for his bank deposits. Both appear to the Judge to be interested in the estate. On sub-section (4), the Judge may, in deciding between them, have regard to the extent of each one's interest and fitness in other respects. If the question of who is entitled is too intricate for a summary proceeding, sub-section (3) may let him grant to the applicant who appears to have the strongest prima facie title.
| Sub-section | Situation | What the Judge does |
|---|---|---|
| (1) | Ground for entertaining the application | Fix a day; cause notice to be served and posted/published; decide the right in a summary manner |
| (2) | Right belongs to the applicant | Order the grant to him |
| (3) | Questions too intricate for summary decision | May grant to the applicant who appears to have the strongest prima facie title |
| (4) | More than one interested applicant | May have regard to extent of interest and fitness in other respects |
Practical points
- Watch for the notice. Persons to whom the Judge thinks special notice should be given receive it by service; others may see only the posting in the Court-house and other publication.
- A summary decision is quick but not final on rights. Section 387 preserves the trial of the same question in a suit or other proceeding between the same parties.
- Security may follow. A grant under sub-sections (3) or (4) comes with the requirement of security under s.375(1).
- Appeals. For appeals against an order granting, refusing or revoking a certificate, see our article on sections 383 and 384.
Later amendments, State amendments and High Court rules on publication are not shown in the text consulted and should be checked.
Need help with the hearing?
If you are an applicant or a relative with an interest in the estate, we can explain the steps in s.373 and help you prepare for the hearing. Start with our legal consultation service.
Key takeaways
- The Judge fixes a hearing day if satisfied there is ground for entertaining the application, and notice is served and posted (s.373(1)).
- He decides the right to the certificate in a summary manner; if it is the applicant's, he orders the grant (s.373(2)).
- Where questions are too intricate for a summary proceeding, he may grant to the applicant who appears to have the strongest prima facie title (s.373(3)).
- With several interested applicants, he may have regard to extent of interest and fitness (s.373(4)).
Read next
- Sections 371-372: court and application for a succession certificate
- Sections 374-375: contents of a succession certificate and security from the grantee
- Sections 385-387: earlier grants, good-faith payments and later suits
- District Courts: civil and criminal jurisdiction explained
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.