Section 204: Bar to appointment of second curator for same property

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 204

Section 204 creates a statutory bar against the appointment of a second Curator for the same property in another district.

  • Single Curator Rule: Where a curator has been appointed by a District Judge for any property, no other District Judge can appoint a second curator for the same property.
  • Consolidated Multi-District Authority: The curator first appointed has authority to take charge of all property of the deceased, whether situated in the same district or in other districts across the State.
  • Prevention of Inter-Court Conflict: Eliminates jurisdictional clashes and conflicting receivership orders across different district courts.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court emphasized that Section 204 prevents multiple parallel curator proceedings and ensures unified administration of fragmented estate assets.
  • Babu Lal v. Ram Sahai (High Court Precedents): Held that an order appointing a second curator in another district is without jurisdiction and void ab initio.
Courtroom Practice & Strategic Litigation Guidance:

If rival claimants initiate a fresh Section 192 proceeding in another district where the deceased owned agricultural land, produce the certified appointment order from the first District Court; Section 204 mandates the immediate dismissal of the second petition.