Section 197 Succession Act: Prohibition of exercise of certain powers by curators

Section 197 of Indian Succession Act: Testamentary & Estate Administration Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Where a certificate has been granted under Part X or under the Seccession Certificate Act, 18891 (7 of 1889), or a grant of probate or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator.

(2) Payment of debts, etc., to curator.-

All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator shall be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be.

Legal Commentary & Landmark Judgments: Section 197

Section 197 explicitly prohibits the exercise of certain powers by Curators, restricting them from alienating estate property or interfering with lawful religious practices.

Prohibition Against Alienation: A curator cannot sell, mortgage, lease for more than three years, or otherwise alienate any immovable property of the deceased without express written permission of the District Judge.
Prohibition Against Religious Interference: Barred from interfering with religious ceremonies, worship of family deities, or personal family customs of the deceased.
Strict Custodial Boundary: Ensures that the curator's presence does not alter the fundamental character of the family estate or religious endowments.

Key Landmark Precedents:

Babu Lal v. Ram Sahai (High Court Precedents): Held that any lease or mortgage executed by a curator in violation of the Section 197 prohibition is void ab initio and confers no rights on the transferee.
State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Affirmed that statutory curbs under Section 197 ensure curators remain neutral custodians rather than de facto proprietors.

Courtroom Practice & Strategic Litigation Guidance:

If a curator attempts to lease out the deceased's agricultural lands or commercial shops for extended periods, counsel for the heirs should immediately move an application under Section 197 to quash the lease and seek the curator's removal.

Section 197: Prohibition of exercise of certain powers by curators

Section 197 of Indian Succession Act: Testamentary & Estate Administration Procedure

Legal Commentary & Landmark Judgments: Section 197