Sections 380-382 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.
What does a succession certificate achieve once it is granted? Three sections answer: s.380 on where it has effect, s.381 on its effect on the persons who owe the debts or are liable on the securities, and s.382 on certain certificates granted abroad and in other cases. This article explains them as printed, including the bracketed passages in the copy, as per the text of the Act consulted.
A certificate under Part X has effect throughout India (s.380, as printed). Subject to the Part, the certificate of the District Judge is conclusive as against the persons owing such debts or liable on such securities, and affords full indemnity to all such persons for payments made or dealings had in good faith with the person to whom it was granted, even if section 370 was contravened or there was another defect (s.381). Section 382 gives the same effect in India to certain certificates, stamped in accordance with the Court-fees Act, 1870, granted in the circumstances it lists.
Section 380: local extent
Section 380 reads: "A certificate under this Part shall have effect throughout [ ]." The copy shows "India" in square brackets, followed by "[ ]" which marks omitted words. The text does not say which words were omitted or when.
Two further paragraphs, each in square brackets, follow in the copy:
- The section "shall apply in the separation of Burma and Aden from India to certificates granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date."
- It "shall also apply in [ ] the separation of Pakistan from India to certificates granted before the date of the separation, or after that date in proceedings pending at that date in any of the territories which on that date constituted Pakistan."
These passages are quoted as printed; the copy consulted carries no explanation, and this article gives none. Whether and how they apply today is outside the text consulted and should be checked against the current law.
If you hold a certificate and are asked to use it in another State, or have a question about its reach, a short legal consultation can help you read s.380 against the facts.
Section 381: effect of the certificate
Subject to the provisions of Part X, the certificate of the District Judge shall, with respect to the debts and securities specified in it:
- be conclusive as against the persons owing such debts or liable on such securities; and
- "notwithstanding any contravention of section 370, or other defect", afford full indemnity to all such persons as regards all payments made, or dealings had, in good faith in respect of those debts or securities to or with the person to whom the certificate was granted.
Three points are worth drawing out.
- Whom it protects. The persons owing the debts or liable on the securities, who pay or deal with the holder.
- What it protects. Payments made and dealings had, "in good faith".
- Despite what. Contravention of s.370 or "other defect". So a payer who acts in good faith on a certificate is protected even if the certificate should not have been granted for that debt or security.
The section protects the payer; it does not decide who is finally entitled. Section 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, and that the holder's liability to account to the person lawfully entitled is not affected (see our article on sections 385 to 387).
An invented example: after Mr. Hegde's death, a debtor of his, Mr. Das, pays Rs. 50,000 to Mrs. Hegde, who holds a certificate listing that debt. Mr. Das acts in good faith. On s.381, the certificate is conclusive against him as the person owing the debt and gives him full indemnity for the payment. Even if the certificate is later found to have been granted contrary to s.370, his protection stands, because the section applies "notwithstanding any contravention of section 370, or other defect".
Section 382: certificates granted abroad and in certain other cases
The copy prints this section in square brackets. It applies where a certificate in the form, as nearly as circumstances admit, of Schedule VIII:
| Clause | Case, as printed |
|---|---|
| (a) | Has been granted to a resident within a foreign State by an Indian representative accredited to that State |
| (b) | Has been granted before the commencement of the Part B States (Laws) Act, 1951 (3 of 1951), to a resident within any Part B State by a District Judge of that State, or has been extended by him in such form |
| (c) | Has been granted after the commencement of the Part B States (Laws) Act, 1951 (3 of 1951), to a resident within the State of Jammu and Kashmir by the District Judge of that State, or has been extended by him in such form |
In each case the certificate "shall, when stamped in accordance with the provisions of the Court-fees Act, 1870 (7 of 1870), with respect to certificates under this Part, have the same effect in India as a certificate granted or extended under this Part".
The Act refers to the Part B States (Laws) Act, 1951 and the Court-fees Act, 1870 as printed. The reader should check the current law for the corresponding provisions. This article gives no fee, no stamp amount, and does not say whether clause (c) or the other clauses are in force today; the text consulted shows amendments only up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), and later changes should be checked.
Reading the three sections together
| Section | Question | Answer |
|---|---|---|
| 380 | Where does a certificate have effect? | Throughout India (as printed, with bracketed words and two bracketed paragraphs) |
| 381 | What does it do for the payer? | Conclusive against persons owing the debts or liable on the securities; full indemnity for good-faith payments or dealings |
| 382 | Do some other certificates count? | Yes, if granted in the cases (a) to (c), in the Schedule VIII form and stamped under the Court-fees Act, 1870 |
For the form of certificate, see our article on sections 376 to 379. For how a certificate can be revoked and what happens to payments made on a revoked one, see sections 383 and 384 and sections 385 to 387.
Practical points for a payer and a holder
- For the payer: s.381 protects payments and dealings made in good faith to or with the person named in the certificate.
- For the holder: the certificate is conclusive as against the debtors listed; it does not settle who is finally entitled as between claimants.
- For a foreign certificate: s.382 requires the Schedule VIII form (as nearly as circumstances admit) and stamping under the Court-fees Act, 1870.
Our guide on how to transmit shares on the death of a shareholder explains the separate company-law process, which is outside this Act.
Need help using a certificate?
If you hold a certificate and want to use it with debtors or companies, or you are a debtor asked to pay on one, we can explain what the Act provides and help you plan. Start with our legal consultation service.
Key takeaways
- A certificate under Part X has effect throughout India as the section is printed (s.380).
- It is conclusive against the persons owing the debts or liable on the securities specified, and gives full indemnity for good-faith payments or dealings, despite contravention of s.370 or other defect (s.381).
- Certificates granted in the cases listed in s.382(a) to (c), in the Schedule VIII form and stamped as the Court-fees Act, 1870 requires, have the same effect in India.
Read next
- Sections 376-379: extension, forms, amendment and court-fee deposit for a succession certificate
- Sections 383-384: revocation of a succession certificate and appeal
- Sections 385-387: earlier grants, good-faith payments and later suits
- 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.