Sections 388-391 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.
The last four live sections of the Act close Part X and the Act itself. Section 388 lets the State Government invest an inferior Court with the powers of a District Judge for succession certificates. Section 389 requires a superseded or invalid certificate to be surrendered. Section 390 extends several sections of the Act to certificates under Bombay Regulation VIII of 1827. Section 391 saves certain matters from Parts VIII, IX and X. This article explains them, as per the text of the Act consulted.
The State Government may by notification invest a Court inferior in grade to a District Judge with the District Judge's functions under Part X; that Court then has concurrent jurisdiction within its local limits, and an appeal from its order under s.384(1) lies to the District Judge, not the High Court (s.388). A holder of a superseded or invalid certificate must deliver it up on the requisition of the Court, and wilful omission is punishable with fine up to one thousand rupees, imprisonment up to three months, or both (s.389). Section 391 says Parts VIII, IX and X do not validate or invalidate a testamentary disposition, take away a right of maintenance, or affect the Administrator-General's Act, 1913.
Section 388: inferior Courts
Sub-sections (1) and (2): investiture and concurrent jurisdiction
The State Government may, by notification in the Official Gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under Part X. Any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by Part X on the District Judge. The provisions of Part X relating to the District Judge apply to such a Court "as if it were a District Judge". The notification is a matter for the State Government and none is part of the text consulted; it should be read as notified.
The proviso: appeals
An appeal from any such order of an inferior Court as is mentioned in s.384(1) shall lie to the District Judge, and not to the High Court. The District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court to make on an appeal from an order of a District Judge (see our article on sections 383 and 384).
Sub-sections (3) to (6)
- (3) An order of a District Judge on an appeal from an inferior Court is, subject 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 (5 of 1908), as applied by section 141 of that Code, final.
- (4) The District Judge may withdraw any proceedings under Part X from an inferior Court and either dispose of them himself or transfer them to another such Court established within the local limits of his jurisdiction and having authority to dispose of the proceedings.
- (5) A notification under sub-section (1) may specify any inferior Court specially or any class of such Courts in any local area.
- (6) Any Civil Court which, for any of the purposes of any enactment, is subordinate to or subject to the control of a District Judge shall, for the purposes of this section, be deemed to be a Court inferior in grade to a District Judge. (The copy prints "proposes" where "purposes" seems meant; this is a printing slip.)
The Act's reference to the Code of Civil Procedure, 1908 is quoted as printed; the reader should check the current law for the corresponding provision. For the District Court generally, see our guide on District Courts.
If you are not sure which Court has been invested to hear a succession certificate application in your area, a short legal consultation can help you find what to check.
A fresh example
The State Government notifies a class of civil Courts in a district as invested with District Judge powers for Part X. Mrs. Rane applies to such a Court, and her application is refused. On the proviso to s.388(2), her appeal under s.384(1) lies to the District Judge, not the High Court; the District Judge's order on that appeal is final, subject to the Code provisions named in sub-section (3).
Section 389: surrender of superseded and invalid certificates
- (1) When a certificate has been superseded or is invalid from any of the causes mentioned in section 386, the holder shall, on the requisition of the Court which granted it, deliver it up to that Court.
- (2) If he wilfully and without reasonable cause omits so to deliver it up, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to three months, or with both.
The figures "one thousand rupees" and "three months" are as printed. The duty arises "on the requisition of the Court", unlike s.296, where a revoked grant of probate or letters of administration must be delivered up "forthwith" (see our article on sections 293 to 298). For the causes in s.386, see our article on sections 385 to 387.
Section 390: Bombay Regulation VIII of 1827
The section begins "Notwithstanding anything in Bombay Regulation No. VIII of 1827". It extends, so far as they can be made applicable, to certificates granted under that Regulation, and to applications made for certificates under it after the 1st day of May, 1889, and to the exhibition of inventories and accounts by holders of such certificates:
- section 370, sub-section (2);
- section 372, sub-section (1), clause (f);
- sections 374, 375, 376, 377, 378, 379, 381, 383, 384, 387, 388 and 389; and
- section 317 (inventories and accounts by executors and administrators).
The Act refers to Bombay Regulation VIII of 1827 as printed; the reader should check the current law for the corresponding provision. This article does not explain that Regulation.
Section 391: saving
Nothing in Part VIII, Part IX or Part X shall:
- validate any testamentary disposition which would otherwise have been invalid;
- invalidate any such disposition which would otherwise have been valid;
- deprive any person of any right of maintenance to which he would otherwise have been entitled; or
- affect the Administrator-General's Act, 1913 (3 of 1913) (printed in the copy without the apostrophe).
So a grant of probate, letters of administration or a succession certificate does not make a bad will good or a good will bad, does not take away a right of maintenance, and does not affect the Act of 1913. The reader should check the current law for the corresponding provision of that Act. The sections on grants and certificates deal with representative title and proof, not with the validity of the will itself; for the validity of a will, see our posts on testamentary capacity under section 59 and attesting witnesses under section 63.
Section 392 and the end of Part XI
Section 392 (Repeals) is printed as repealed by the Repealing Act, 1927 (12 of 1927), section 2 and Schedule, and has no article of its own.
| Section | Subject | Key rule |
|---|---|---|
| 388 | Inferior Courts | State Government may invest by notification; concurrent jurisdiction; appeal to the District Judge; District Judge may withdraw proceedings |
| 389 | Surrender | Deliver up on requisition; wilful omission punishable (one thousand rupees, three months, or both) |
| 390 | Bombay Regulation VIII of 1827 | Listed sections apply, so far as applicable, to certificates under that Regulation |
| 391 | Saving | Parts VIII, IX and X do not validate or invalidate dispositions, remove maintenance rights or affect the Administrator-General's Act, 1913 |
Later amendments, State notifications and rules are not shown in the text consulted and should be checked.
Need help with an inferior Court or surrender?
If you need to know which Court can hear a succession certificate application, or you have been asked to surrender a certificate, we can explain what the Act provides and help you plan. Start with our legal consultation service.
Key takeaways
- The State Government may invest an inferior Court with District Judge powers under Part X; appeals from it lie to the District Judge (s.388).
- A holder must deliver up a superseded or invalid certificate on the Court's requisition; wilful omission without reasonable cause is punishable as printed (s.389).
- Listed sections apply to certificates under Bombay Regulation VIII of 1827 (s.390).
- Parts VIII, IX and X do not validate or invalidate a testamentary disposition, deprive anyone of maintenance, or affect the Administrator-General's Act, 1913 (s.391).
Read next
- Sections 385-387: earlier grants, good-faith payments and later suits
- Sections 383-384: revocation of a succession certificate and appeal
- Section 370: succession certificate, when it cannot be granted and meaning of security
- 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.