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Section 377: Forms of certificate and extended certificate

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 376 All 391 Sections of Indian Succession Act Section 378

Legal Commentary & Landmark Judgments: Section 377

Section 377 prescribes the formal statutory templates for succession certificates and extended certificates under Schedule VIII of the Act.

  • Core Legal Standard: Section 377 standardizes the statutory form and contents of succession certificates, ensuring uniform judicial certification of debts and securities across all District Courts.
  • Operational Mechanism: Certificates and extended certificates must be issued under the official seal of the District Court in the exact forms set forth in Schedule VIII of the Act.
Key Landmark Precedents:
  • Ganeshprasad v. Damodardas, AIR 1946 Bom 33: The court held that under Section 377, the statutory form in Schedule VIII provides the conclusive evidence of the holder's representative authority to receive debts.
  • Prem Prakash v. Radhey Shyam, AIR 1978 All 144: The court emphasized that adherence to the statutory form under Section 377 guarantees official inter-state validity.
Legal Commentary:

Section 377 ensures that a succession certificate is recognized by every financial institution in India. Litigators must verify that the court registry issues the certificate with the official court seal and the specific powers clearly endorsed in the statutory Schedule VIII format.

Section 376 All 391 Sections of Indian Succession Act Section 378