Section 195: Appointment of curator pending determination of proceeding

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 195

Section 195 empowers the District Judge to appoint a Curator to take custody of the deceased's property pending the determination of the summary proceeding.

  • Emergency Custodial Appointment: If the District Judge has reason to believe that the property is in danger of being misappropriated, wasted, or damaged before the Section 194 inquiry concludes, he may appoint a curator immediately.
  • Ad Interim Custody: The curator acts as a court officer and receiver to inventory, protect, and seal the premises and assets of the deceased.
  • Discretionary Emergency Jurisdiction: The appointment can be made ex parte in cases of grave urgency to prevent immediate spoliation.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court observed that the appointment of a curator under Section 195 is an extraordinary preservation measure akin to an ad interim receivership under civil procedural law.
  • Babu Lal v. Ram Sahai (High Court Precedents): Affirmed that the District Judge must record specific satisfaction of imminent danger of asset waste before appointing a curator under Section 195.
Courtroom Practice & Strategic Litigation Guidance:

When seeking an ex parte curator order under Section 195, the petition must detail specific acts of trespass, locker openings, or property alienation attempted by rival claimants; generic allegations of dispute will not justify dispossessing an occupant.