Sections 376-379 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.
A succession certificate lists specific debts and securities. What if more turn up later? What form does the certificate take? Can the powers over a security be changed? And what happens to the fee deposit? Sections 376 to 379 answer these four questions, and Schedule VIII gives the forms. This article explains them, as per the text of the Act consulted.
On the holder's application, a District Judge may extend the certificate to any debt or security not originally specified, with the same effect as if originally specified (s.376(1)); powers over securities and a bond may be dealt with as on the original grant (s.376(2)). Certificates and extensions are made as nearly as circumstances admit in the forms of Schedule VIII (s.377). The Judge may amend a certificate to confer or substitute powers over a security (s.378). Every application for a certificate or an extension is accompanied by a deposit equal to the fee payable under the Court-fees Act, 1870; any part not expended is refunded (s.379).
Section 376: extension
Sub-section (1)
A District Judge may, on the application of the holder of a certificate under Part X, extend the certificate to any debt or security not originally specified in it. Every such extension "shall have the same effect as if the debt or security to which the certificate is extended had been originally specified therein".
Sub-section (2)
On the extension of a certificate, powers with respect to the receiving of interest or dividends on, or the negotiation or transfer of, any security to which the certificate has been extended may be conferred. A bond or further bond or other security for the purposes mentioned in section 375 may be required, "in the same manner as upon the original grant of a certificate". For the original powers and the bond, see our article on sections 374 and 375.
An invented example: Mr. Thakur holds a certificate listing a debt owed by one debtor. Later he discovers a Government security that belonged to the deceased. He applies to the District Judge for an extension. If the Judge extends it, the certificate has the same effect for that security as if it had been listed in the first place, and the Judge may confer the powers over the security and may require a further bond.
If you hold a certificate and have found further debts or securities, a short legal consultation can help you decide on the extension application.
Section 377 and Schedule VIII: the forms
Certificates shall be granted and extensions shall be made, "as nearly as circumstances admit, in the Forms set forth in Schedule VIII". The phrase "as nearly as circumstances admit" means the forms are followed closely but not rigidly.
The form of certificate as printed
Schedule VIII is headed "(See section 377) Forms of certificate and extended certificate". The first form reads, in substance:
- It opens "In the Court of" and is addressed "To A.B.", reciting that the person applied on a blank date for a certificate "under Part X of the Indian Succession Act, 1925" in respect of the debts and securities set out.
- A table of Debts with columns for: serial number; name of debtor; amount of debt, including interest, on date of application for certificate; description and date of instrument, if any, by which the debt is secured.
- A table of Securities with columns for: serial number; description (distinguishing number or letter of security); name, title or class of security; amount or par value of security; market-value of security on date of application for certificate.
- The grant: "This certificate is accordingly granted to you and empowers you to collect those debts" followed by bracketed alternatives about receiving interest on, negotiating or transferring "those securities".
- A line "Dated this day of" and the signature line "District Judge".
The form of extension as printed
The second form begins "In the Court of" and states that on the application of A.B., made on a blank date, the Judge hereby extends the certificate to the debts and securities set out in tables of the same shape. It ends: "This extension empowers A.B. to collect those debts" followed by bracketed alternatives about interest or dividends, negotiating and transferring, then the date and "District Judge".
Gaps in the printed forms
The copy consulted prints the table headings run together across the page, and the closing sentences of both forms are printed as strings of bracketed fragments (""), so the exact choices are not clear from the print. The tables carry no entries. We describe what is legible and do not reconstruct the missing arrangement of the words; the official text should be checked for the full form.
| Form | Opens | Tables | Closes |
|---|---|---|---|
| Certificate | "In the Court of ... To A.B." and reference to Part X | Debts; Securities | Grant to collect the debts and powers over the securities; date; District Judge |
| Extended certificate | "In the Court of ..." on the application of A.B. | Debts; Securities | Extension empowers A.B. to collect the debts and powers over the securities; date; District Judge |
Section 378: amendment of powers over securities
Where a District Judge has not conferred on the holder any power with respect to a security specified in the certificate, or has only empowered him to receive interest or dividends on, or to negotiate or transfer, the security, the Judge may, on application made by petition and on cause shown to his satisfaction, amend the certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any other of those powers.
So there are two cases: no power given, or only one kind of power given. In either, the certificate may be amended to confer powers or to substitute one for another.
Section 379: the deposit towards the Court-fee
Sub-section (1): every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the Court-fees Act, 1870 (7 of 1870), in respect of the certificate or extension applied for. The Act refers to that Act as printed; the reader should check the current law for the corresponding provision. The text consulted prints no amount of the fee, and this article states none.
Sub-section (2): if the application is allowed, the sum deposited shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable.
Sub-section (3): any sum received under sub-section (1) and not "extended" under sub-section (2) shall be refunded to the person who deposited it. The copy prints "extended" where "expended" seems meant; this is a printing slip, and the sense is a refund of any part not spent on the stamp.
So the sequence is: deposit with the application, expenditure on the stamp if allowed, refund of the rest. For stamp rules on other documents, see our stamp duty overview; it is a general guide and does not state the fee for a certificate.
Putting it together
- Extend rather than re-apply. Section 376 allows an extension to later-found debts or securities.
- Follow the forms. Schedule VIII is the model, "as nearly as circumstances admit".
- Powers can be changed later. Section 378 lets the Judge confer or substitute powers over securities.
- Deposit and refund. Section 379 ties the deposit to the fee and refunds any surplus.
Later amendments, State amendments and rules on fees are not shown in the text consulted and should be checked.
Need help with an extension or amendment?
If you hold a succession certificate and need to extend it, change the powers over a security or understand the fee deposit, we can explain the Act and help you prepare. Start with our legal consultation service.
Key takeaways
- A District Judge may extend a certificate to further debts or securities on the holder's application, with the same effect as if originally specified (s.376).
- Certificates and extensions follow Schedule VIII, as nearly as circumstances admit (s.377).
- The Judge may amend a certificate to confer or substitute powers over a security (s.378).
- A deposit equal to the Court-fee accompanies each application; any part not spent on the stamp is refunded (s.379).
Read next
- Sections 374-375: contents of a succession certificate and security from the grantee
- Sections 380-382: local extent and effect of a succession certificate
- Sections 383-384: revocation of a succession certificate and appeal
- Stamp duty on legal documents: overview and state-wise rules
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.