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Section 206: Bar to enforcement of Part against public settlement or legal directions by deceased

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 205 All 391 Sections of Indian Succession Act Section 207

Legal Commentary & Landmark Judgments: Section 206

Section 206 bars the enforcement of Part VII summary proceedings against public trusts, statutory settlements, or lawful testamentary directions executed by the deceased.

  • Immunity for Public Trusts and Settlements: The provisions of Part VII cannot be enforced to disturb property held under a public trust, lawful deed of settlement, or government grant.
  • Protection of Lawful Directions: Does not operate against executors who are in possession pursuant to lawful testamentary directions or probate grants.
  • Preservation of Established Title: Prevents summary petitions from being deployed to disrupt settled institutional or charitable endowments.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court affirmed that Part VII cannot be used to raid public religious or charitable properties that are governed by distinct statutory trusts.
  • Laxman Balwant Bhopatkar v. Charity Commissioner AIR 1962 SC 1589: Recognized that public trusts and registered settlements stand insulated from summary succession scrambles.
Courtroom Practice & Strategic Litigation Guidance:

Where an applicant tries to seize temple, waqf, or public trust properties by filing a Section 192 petition upon a trustee's death, cite Section 206; the District Judge is statutorily prohibited from appointing a curator over public trust properties.

Section 205 All 391 Sections of Indian Succession Act Section 207