Legal Format | Succession Certificate | Court Bond
Succession Certificate Bond Format under Section 375
Updated specimen of a bond with surety that may be required by the District Judge before granting a succession certificate under Section 375 of the Indian Succession Act, 1925. The final bond must follow the amount, security requirement and wording directed by the court handling the succession certificate proceeding.
What Section 375 requires
- The bond is given to the District Judge by the person to whom the succession certificate is proposed to be granted.
- The court may require one or more sureties or other sufficient security.
- The security is intended to ensure a proper account of debts and securities received by the grantee.
- It also protects persons who may ultimately be entitled to the whole or any part of those debts and securities.
- The amount of the bond, identity of sureties and any additional terms should match the court's order.
BOND FOR GRANT OF SUCCESSION CERTIFICATE UNDER SECTION 375
IN THE COURT OF THE DISTRICT JUDGE / COMPETENT COURT AT __________________
Succession Case / Petition No. ____________ of 20____
In the matter of the estate of Late ______________________________________, deceased.
KNOW ALL PERSONS BY THESE PRESENTS that we:
Mr./Ms. ____________________________________, son/daughter/spouse of ____________________________________, residing at ___________________________________________________________________________, hereinafter referred to as the "Grantee";
Mr./Ms. ____________________________________, son/daughter/spouse of ____________________________________, residing at ___________________________________________________________________________, hereinafter referred to as the "Surety".
We bind ourselves jointly and severally unto the District Judge at ______________________________ and his/her successor in office in the sum of ₹______________________________ (Rupees __________________________________________________________________ only), subject to the conditions stated below.
Recitals
A. The Grantee filed Succession Case / Petition No. __________________ of 20____ seeking a succession certificate in respect of the debts and securities of Late ____________________________________, who died on ___/___/20____.
B. By order dated ___/___/20____, the Court proposed / directed that a succession certificate be issued in favour of the Grantee subject to execution of a bond in the sum of ₹__________________________ with __________________ surety / sureties or other security as directed by the Court.
C. The Surety has agreed to stand surety for the due performance by the Grantee of the obligations secured by this Bond, to the extent ordered by the Court.
Conditions of the Bond
1. The Grantee shall faithfully render to the Court such account as may be required of all debts and securities received, realised, collected, negotiated or transferred by virtue of the succession certificate.
2. The Grantee shall duly account for the amounts and securities received under the succession certificate and shall comply with every direction of the Court concerning such amounts or securities.
3. The Grantee shall indemnify and keep indemnified every person who may be entitled to the whole or any part of the debts and securities covered by the succession certificate, to the extent contemplated by Section 375 of the Indian Succession Act, 1925 and the order of the Court.
4. The Surety guarantees the due performance by the Grantee of the obligations secured by this Bond and agrees to be liable to the extent of ₹__________________________, or such other extent as specifically directed by the Court.
5. If the Grantee duly performs the obligations secured by this Bond, the liability under the Bond shall stand discharged in accordance with law and the orders of the Court. In the event of breach, the Bond may be enforced in the manner permitted by law.
6. This Bond shall be subject to Section 375 of the Indian Succession Act, 1925, the order dated ___/___/20____ passed in the above succession proceeding, and any further order of the Court.
IN WITNESS WHEREOF, the Grantee and the Surety have signed this Bond at __________________ on this ___ day of __________________, 20____ after understanding its contents and obligations.
Name: ______________________________
Signature: __________________________
Address: ____________________________
Name: ______________________________
Signature: __________________________
Address: ____________________________
Name: ______________________________
Address: ____________________________
Signature: __________________________
Name: ______________________________
Address: ____________________________
Signature: __________________________
Section 375 of the Indian Succession Act, 1925
Section 375 is titled "Requisition of security from grantee of certificate." Under subsection (1), when the District Judge proposes to proceed under Section 373(3) or Section 373(4), the Judge must require security before granting the succession certificate. In other cases, the Judge has discretion to require such security.
The security may take the form of a bond with one or more sureties or other sufficient security. Its statutory purposes are to secure the rendering of an account of debts and securities received by the grantee and to indemnify persons who may be entitled to the whole or any part of those debts and securities.
Under Section 375(2), on an application by petition and sufficient cause being shown, the Judge may assign the bond or other security to a proper person on such terms as the Judge considers appropriate. The assignee may then sue on the bond in his or her own name as trustee for persons interested.
Related Provisions
Section 373: deals with the procedure on an application for a succession certificate. Section 375 specifically refers to cases falling under Section 373(3) and Section 373(4).
Section 374: concerns the contents of the succession certificate, including the debts and securities specified in it and the powers that may be conferred on the grantee.
Section 376: permits extension of an existing certificate to additional debts or securities and allows the Court to require a further bond or other security for the purposes mentioned in Section 375.
Section 377: provides that succession certificates and extended certificates are to be issued, as nearly as circumstances admit, in the forms set out in Schedule VIII to the Act.
Official Legal Resources
This specimen is intended for general drafting guidance. The court may prescribe its own bond form, bond amount, surety requirements, verification, stamp or filing procedure. Always follow the specific order and local rules of the court dealing with the succession certificate proceeding.