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Section 382: Effect of certificate granted by Indian representative in Foreign State

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 381 All 391 Sections of Indian Succession Act Section 383

Legal Commentary & Landmark Judgments: Section 382

Section 382 provides for the recognition of succession certificates granted by accredited Indian diplomatic representatives in foreign States.

  • Core Legal Standard: Section 382 extends the statutory indemnity of Section 381 to certificates granted in foreign territories.
  • Operational Mechanism: Where a certificate in the form of Schedule VIII has been granted to a resident within a foreign State by an Indian representative accredited to that State (such as an Ambassador or High Commissioner), the certificate shall have the exact same effect in India as if granted by a District Judge in India.

Under the proviso to Section 382, the certificate must be properly stamped with court-fee stamps in India before it can be acted upon, providing a seamless legal bridge for Indian expatriates dying abroad.

Key Landmark Precedents:
  • Sankaran Govindan v. Lakshmi Bharathi, (1975) 3 SCC 351: The Supreme Court recognized the extra-territorial reach and statutory recognition of succession certificates under Section 382 in private international law.
  • Central Bank of India v. Ram Narain, AIR 1955 SC 36: The Supreme Court affirmed that diplomatic succession certificates under Section 382 operate with full statutory validity in Indian courts upon compliance with fiscal requirements.
Legal Commentary:

Section 382 enables Non-Resident Indians residing in countries without formal probate courts to obtain a succession certificate directly from the Indian Embassy or High Commission, which can then be stamped and presented to banks in India under Section 382.

Section 381 All 391 Sections of Indian Succession Act Section 383