Home  /  Indian Succession Act  /  Section 205

Section 205: Limitation of time for application for curator

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 204 All 391 Sections of Indian Succession Act Section 206

Legal Commentary & Landmark Judgments: Section 205

Section 205 prescribes a strict statutory Limitation Period of six months for making an application for the appointment of a Curator under Part VII.

  • Six-Month Limitation Period: An application for the appointment of a curator or summary protection under Part VII cannot be entertained unless made within six months of the deceased's death.
  • Strict Jurisdictional Bar: Applications filed beyond six months are barred by limitation and must be dismissed in limine.
  • Relegation to Regular Civil Suit: After six months, parties cannot invoke summary emergency protection; they must pursue regular civil partition or title suits.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court held that the six-month limitation period under Section 205 is an absolute statutory jurisdictional limit that cannot be extended under general limitation rules.
  • Babu Lal v. Ram Sahai (High Court Precedents): Affirmed that the summary protective machinery of Part VII is available only for immediate emergencies; delay beyond six months bars summary curator intervention.
Courtroom Practice & Strategic Litigation Guidance:

In defending against an adverse Part VII curator petition, check the exact date of death on the municipal death certificate: if the petition was filed even one day after the expiry of 6 calendar months, move for immediate dismissal under Section 205.

Section 204 All 391 Sections of Indian Succession Act Section 206