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Section 371: Court having jurisdiction to grant certificate

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 370 All 391 Sections of Indian Succession Act Section 372

Legal Commentary & Landmark Judgments: Section 371

Section 371 defines territorial jurisdiction for succession certificates, conferring jurisdiction primarily upon the District Court where the deceased ordinarily resided at the time of death, and secondarily where any property is situated.

  • Statutory Powers & Jurisdiction: Section 371 establishes a strict two-tier hierarchy for territorial jurisdiction in succession certificate applications.
  • Operational Statutory Powers & Jurisdiction: Under this section, the District Court within whose jurisdiction the deceased ordinarily resided at the time of his death has primary and paramount jurisdiction.

The second tier is strictly conditional: only if the deceased at that time had no fixed place of residence does jurisdiction lie with the District Court within whose jurisdiction any part of the property of the deceased may be found. If the deceased had a fixed place of ordinary residence (e.g., in Lucknow), the fact that his bank accounts are held in Delhi does not confer jurisdiction upon the Delhi courts; the application must be presented in Lucknow where he ordinarily resided.

Key Landmark Precedents:
  • Kishori Lal v. Sunder Shen, AIR 1974 Pat 214: The court held that under Section 371, the primary test of jurisdiction is the deceased's ordinary residence at the date of death. The location of property can only be invoked if the deceased had no fixed residence anywhere in India.
  • Smt. Madhvi Amma Bhawani Amma v. Kunjikutty Pillai Meenakshi Pillai, (2000) 6 SCC 301: The Supreme Court affirmed that compliance with Section 371 is an essential jurisdictional prerequisite for entertaining a petition under Part X.
Legal Commentary:

Section 371 provides a decisive preliminary objection against forum shopping. When an estranged heir files for a succession certificate in a distant city merely because a bank head office or branch is situated there, counsel for the true heirs should establish the deceased's permanent home address (voter ID, Aadhaar, electricity bills) and seek rejection under Section 371.

Section 370 All 391 Sections of Indian Succession Act Section 372