Section 196: Powers conferrable on curator

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 196

Section 196 defines the administrative and managerial powers that may be conferred on a Curator by the District Judge.

  • Powers of Management: The Judge may authorize the curator to take possession of property, collect rents, realize debts, and pay taxes and outgoings.
  • Power to Sue: May be empowered to institute and defend suits on behalf of the estate to recover debts and protect assets from third-party encroachment.
  • Court Control and Direction: All managerial actions of the curator are subject to the supervision, orders, and directions of the District Judge.
Key Landmark Precedents:
  • Babu Lal v. Ram Sahai (High Court Precedents): Judicial decisions have confirmed that a curator under Section 196 exercises only such specific powers as are expressly conferred in the appointment order, acting strictly as a custodial agent of the court.
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Affirmed that the curator's role under Section 196 is strictly conservational and cannot include selling or alienating capital estate assets.
Courtroom Practice & Strategic Litigation Guidance:

Curators must seek specific written directions from the District Judge before taking any major administrative step (such as renewing commercial leases or settling debts); unauthorized contracts entered into by a curator do not bind the lawful heir.