Can the succession certificate be revoked or amended?

Law4u App Download
Answer By law4u team

Yes, a succession certificate can be revoked or amended under Indian law. Legal Provision: Under Section 383 of the Indian Succession Act, 1925, a succession certificate can be revoked by the court that issued it, on certain grounds. Grounds for Revocation: The certificate was obtained fraudulently (e.g., hiding legal heirs or assets) It was obtained through false representation or concealment of facts The certificate has become useless or inoperative due to changed circumstances A later will or legal document is discovered A person with better entitlement comes forward Procedure: 1. The aggrieved party must file an application for revocation in the court that issued the certificate. 2. The court will issue notice and hear both sides. 3. If satisfied, the court may revoke or amend the certificate. Amendment: Minor corrections (e.g., name spelling, clerical errors) can be amended by the court on application, if no substantial rights are affected. Effect of Revocation: The certificate becomes null and void. Any action taken based on the revoked certificate may be questioned or reversed. Conclusion: Yes, a succession certificate can be revoked or amended by the court under Section 383 of the Indian Succession Act if there is fraud, mistake, or any valid legal ground. The court ensures fair hearing before revocation.

Answer By Ayantika Mondal

Dear Client, A succession certificate may be revoked for certain reasons in accordance with Section 383 of the Indian Succession Act 1925. These include whether it was acquired fraudulently, whether a court ruling or altered circumstances renders it inoperable or whether it was founded on inaccurate or misleading information. When an interested party applies, the District Court that issued the certificate has the power to revoke or modify it; the burden of proof is on the party contesting it. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Succession Certificate Related Questions

Discover clear and detailed answers to common questions about Succession Certificate. Learn about procedures and more in straightforward language.