(1) If any person dies leaving property, moveable or immoveable, any person claiming a right by succession thereto, or to any portion thereof, may make application to the District Judge of the district where any part of the property is found or situate for relief, either after actual possession has been taken by another person, or when forcible means of seizing possession are apprehended.
(2) Any agent, relative or near friends, or the Court of Wards in cases within their cognizance, may, in the event of any minor, or any disqualified or absent person being entitled by succession to such property as aforesaid, make the like application for relief.
Legal Commentary & Landmark Judgments: Section 192
Section 192 provides an emergency summary remedy, empowering a person claiming succession rights to apply to the District Judge for immediate protective relief where an estate is seized or endangered by wrongful possessors.
To invoke Section 192, the applicant must establish that they have reasons to believe that the property has been wrongfully taken or is likely to be taken by an unlawful possessor without any bona fide title, or by someone taking advantage of the claimant's minority, absence, or disability. The court's primary objective is preservation in status quo, preventing unscrupulous interlopers from looting family assets before formal probate or regular civil suits can be adjudicated.
Section 192 is the quickest emergency remedy in Indian succession practice when relatives or caretakers illegally lock up the deceased's residence or seize vehicles and lockers. While regular civil suits for declaration take years, an application under Section 192 allows the District Judge to appoint an official curator within days to seal the property and preserve all assets under court custody.