Home  /  Indian Succession Act  /  Section 200

Section 200: Citation before grant of letters of administration

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 199 All 391 Sections of Indian Succession Act Section 201

Legal Commentary & Landmark Judgments: Section 200

Section 200 mandates the issuance of Citations before the grant of letters of administration where property is in the custody of a Curator.

  • Mandatory Citation Process: Where property is in the hands of a curator, no grant of letters of administration can be made without serving citation on all persons claiming an interest in the property.
  • Public Notice Requirement: Citations must be published publicly to give all potential claimants and relatives an opportunity to enter a caveat or contest the grant.
  • Prevention of Ex Parte Grants: Guarantees that an applicant cannot obtain an ex parte grant of administration behind the back of parties litigating before the curator.
Key Landmark Precedents:
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: The Supreme Court held that the citation requirement under succession law is mandatory; grant obtained without citing interested persons is liable to be revoked for defect of substance.
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Affirmed that citations under Section 200 maintain transparency before estate custody is transferred from the court's curator to an administrator.
Courtroom Practice & Strategic Litigation Guidance:

In probate proceedings involving an estate managed by a curator, the petitioner must file a specific affidavit detailing all parties appearing in the curator case; failing to serve citations on them renders the eventual grant revocable under Section 263.

Section 199 All 391 Sections of Indian Succession Act Section 201