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Section 199: Application for letters of administration by person having right

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 198 All 391 Sections of Indian Succession Act Section 200

Legal Commentary & Landmark Judgments: Section 199

Section 199 provides for the right of a person entitled to letters of administration to apply for such letters notwithstanding the appointment of a Curator.

  • Supremacy of Letters of Administration: The appointment of a curator under Part VII does not bar any person having a lawful right from applying for letters of administration or probate.
  • Termination of Curator's Office: Upon the grant of probate or letters of administration, the curator's office automatically terminates, and he must deliver the entire estate to the administrator or executor.
  • Temporary Nature of Summary Protection: Underscores that Part VII curator proceedings are subordinate to formal probate and administration proceedings under Part IX.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court affirmed that summary custody under Part VII yields immediately upon the grant of formal representative title under letters of administration or probate.
  • Clarence Pais v. Union of India (2001) 4 SCC 325: Recognized that probate and letters of administration under Part IX constitute conclusive in-rem titles that displace interim curators.
Courtroom Practice & Strategic Litigation Guidance:

A lawful executor or heir trapped in protracted curator proceedings before the District Judge should immediately institute formal probate or letters of administration proceedings under Section 199; once granted, the curator must surrender possession forthwith.

Section 198 All 391 Sections of Indian Succession Act Section 200