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Section 378: Amendment of certificate in respect of powers as to securities

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 377 All 391 Sections of Indian Succession Act Section 379

Legal Commentary & Landmark Judgments: Section 378

Section 378 authorizes the District Judge to amend an existing succession certificate by adding, altering, or expanding powers to negotiate or transfer securities.

  • Statutory Powers & Jurisdiction: Section 378 provides for judicial amendment of a succession certificate's operative powers.
  • Operational Statutory Powers & Jurisdiction: Where a certificate was initially granted conferring only the power to receive interest or dividends, or where transfer powers were omitted, Section 378 allows the District Judge, upon application, to amend the certificate by extending or altering the powers respecting the securities.

This allows the holder to seek the power to sell, negotiate, or transfer shares and securities when liquidation becomes necessary for distribution, avoiding the necessity of filing a fresh petition.

Key Landmark Precedents:
  • Prem Prakash v. Radhey Shyam, AIR 1978 All 144: The court held that Section 378 empowers the court to adapt the certificate holder's powers to changing administrative requirements of the estate.
  • Ganeshprasad v. Damodardas, AIR 1946 Bom 33: The court affirmed that amendment of powers under Section 378 does not disturb the underlying adjudication of heirship.
Legal Commentary:

Section 378 is the remedy when a bank or depository refuses to liquidate shares because the certificate only says 'power to receive dividends'. Counsel can file an application under Section 378 to amend the certificate by adding the words 'power to negotiate and transfer', enabling complete liquidation.

Section 377 All 391 Sections of Indian Succession Act Section 379