Sections 383-384 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 is not permanent in all cases. Section 383 lists five causes for which it may be revoked, and s.384 provides an appeal to the High Court from an order granting, refusing or revoking a certificate. This article explains both, as per the text of the Act consulted.
A certificate granted under Part X may be revoked for any of five causes: (a) the proceedings were defective in substance; (b) it was obtained fraudulently by a false suggestion or concealment of something material; (c) it was obtained by an untrue allegation of a fact essential in point of law, even if made in ignorance or inadvertently; (d) it has become useless and inoperative through circumstances; or (e) a decree or order of a competent Court makes revocation proper (s.383). An appeal lies to the High Court from an order granting, refusing or revoking a certificate, within the time allowed for an appeal under the Code of Civil Procedure, 1908 (s.384).
Section 383: the five grounds
A certificate granted under Part X "may be revoked for any of the following causes". The word is "may": revocation is not automatic.
| Ground | Words of the text | In plain terms |
|---|---|---|
| (a) | That the proceedings to obtain the certificate were defective in substance | A defect of substance in the proceedings |
| (b) | That the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case | Fraud by false suggestion or by concealing a material fact |
| (c) | That the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently | An untrue allegation of an essential fact, even if innocent |
| (d) | That the certificate has become useless and inoperative through circumstances | The certificate no longer serves any purpose |
| (e) | That a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked | A decree or order of a competent Court makes revocation proper |
Two points are easy to miss. Ground (c) does not need fraud: the words "though such allegation was made in ignorance or inadvertently" make an innocent untrue allegation enough. And ground (e) turns on a decree or order in a suit or other proceeding concerning the debts or securities in the certificate.
An invented example: Rekha obtains a certificate for her late father's bank deposit, stating in her petition that she is his only child. In fact her sister, Nirmala, is also his child, and Rekha believed her sister to be dead. If the statement was an untrue allegation of a fact essential in point of law to justify the grant, ground (c) applies even though Rekha made it in ignorance. Had she known and hidden the sister's existence from the Court, ground (b) would also be in play. Particulars (c) and (e) of the petition, which concern near relatives and absence of impediment, are described in our article on sections 371 and 372.
If you think a certificate was obtained by a wrong statement, or you want to resist an application to revoke one, early advice on succession certificate disputes can help you assess the grounds.
What follows a revocation
The Act deals with consequences in later sections. A revoked certificate must be delivered up on the Court's requisition (s.389, see our article on sections 388 to 391), and payments made in good faith to the holder in ignorance of the supersession or invalidity are held good against claims under any other certificate (s.386, see sections 385 to 387).
Section 384: appeal
Sub-section (1): the right of appeal
Subject to the other provisions of Part X, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate. The High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District Judge, on application being made, to grant it accordingly, "in supersession of the certificate, if any, already granted".
So the appeal covers three kinds of order, and the High Court has a power beyond setting an order aside: it can declare who should have the certificate and direct the District Judge to grant it, superseding any certificate already granted.
Sub-section (2): time
An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908 (5 of 1908). The Act refers to that Code as printed; the reader should check the current law for the corresponding provision. The text consulted gives no number of days.
Sub-section (3): finality
Subject to sub-section (1) and to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, an order of a District Judge under Part X shall be final. The Act's reference to the Code and its section 141 is quoted as printed; the current law should be checked.
For an inferior Court invested with powers under s.388, the appeal goes to the District Judge instead of the High Court (see sections 388 to 391). For the High Court's general role, see our guide on High Courts in India.
| Sub-section | Rule |
|---|---|
| (1) | Appeal to the High Court from an order granting, refusing or revoking; High Court may declare who should have the certificate and direct a grant in supersession |
| (2) | Within the time allowed for an appeal under the Code of Civil Procedure, 1908 |
| (3) | Subject to (1) and the Code provisions on reference, revision and review (as applied by section 141 of that Code), the District Judge's order is final |
Practical points
- Revocation is a Court order. Section 383 says a certificate "may be revoked"; it does not revoke itself.
- Innocent mistakes can count. Ground (c) covers allegations made in ignorance or inadvertently.
- Appeal covers refusals too. A person whose application is refused has an appeal under s.384(1).
- Time. The period is the one for appeals under the Code named; check it before acting.
Later amendments are not shown in the text consulted and should be checked.
Need help with revocation or an appeal?
If you want to challenge a succession certificate, defend one, or appeal an order on one, we can explain the grounds and the route and help you prepare. Start with our legal dispute resolution service.
Key takeaways
- A certificate may be revoked for any of five causes (a) to (e) in s.383, including defective proceedings, fraud, an untrue essential allegation (even if innocent), uselessness and a competent Court's decree or order.
- An appeal lies to the High Court from an order of a District Judge granting, refusing or revoking a certificate (s.384(1)), within the time allowed under the Code of Civil Procedure, 1908 (s.384(2)).
- Subject to that and the Code provisions named, the District Judge's order is final (s.384(3)).
Read next
- Sections 380-382: local extent and effect of a succession certificate
- Sections 385-387: earlier grants, good-faith payments and later suits
- Sections 388-391: inferior courts, surrender of certificates and savings
- High Courts in India: original, appellate and writ jurisdiction
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.