Section 207: Court of Wards to be made curator in case of minors having property subject to its jurisdiction

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 207

Section 207 mandates that the Court of Wards must be appointed as Curator where a minor having property subject to its jurisdiction is involved.

  • Court of Wards as Mandatory Curator: Where a minor entitled to property is subject to the jurisdiction of the Court of Wards, the District Judge must appoint the Court of Wards as curator.
  • Institutional Stewardship: Prevents private individuals from being appointed curators over estates that fall under statutory government wardship.
  • Harmonization with Local Wardship Laws: Integrates the Indian Succession Act with state Court of Wards enactments.
Key Landmark Precedents:
  • State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: The Supreme Court noted that Section 207 ensures that state-supervised wardship agencies maintain custodial integrity over minor estates.
  • G. Annamalai Pillai v. District Revenue Officer (1993) 2 SCC 402: Affirmed that statutory protections governing wards of the state take precedence over private receivership appointments.
Courtroom Practice & Strategic Litigation Guidance:

In large historical estate litigations where a minor heir is already a ward of the state, counsel must inform the District Court under Section 207 so that custody is transferred to the Collector / Court of Wards rather than a private advocate curator.