Sections 195-198 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
While a possession dispute over a deceased person's property is pending, the property can be wasted. Sections 195 to 198 of the Indian Succession Act, 1925 let the District Judge appoint a curator to protect it, say what the curator may be authorised to do, stop him from stepping on an executor's or certificate-holder's authority, and require security. This article explains the four sections as per the text of the Act consulted.
Under s.195, where there is danger of misappropriation or waste before the summary proceeding is decided, the District Judge may appoint one or more curators, whose authority ends no later than the decision and delivery of possession. Under s.196 the Judge fixes the curator's powers. Under s.197, a curator cannot exercise the authority of a certificate-holder, executor or administrator. Under s.198 the curator gives security and may be paid remuneration not exceeding five per centum as printed.
The place of these sections in Part VII
These sections follow the summary procedure we explained in ss.192-194. A curator is a temporary protector of the property, not an owner and not an executor. The text consulted prints no application section for Part VII, so this article adds no limit as to who can be affected.
If the property is at risk now, a plan is needed quickly; our dispute resolution team can help you decide what to ask the Judge for.
Section 195: appointing a curator while the summary proceeding is pending
The District Judge may appoint one or more curators if it appears on the inquiry that:
- danger is to be apprehended of the misappropriation or waste of the property before the summary proceeding can be determined; and
- the delay in obtaining security from the party in possession, or the insufficiency of that security, is likely to expose the party out of possession to considerable risk, provided he is the lawful owner.
The authority of a curator continues according to the terms of his appointment and in no case beyond the determination of the summary proceeding and the confirmation or delivery of possession resulting from it.
Two provisos follow.
- Land. In the case of land, the Judge may delegate to the Collector, or to any officer subordinate to the Collector, the powers of a curator.
- Publication. Every appointment of a curator in respect of any property shall be duly published.
Section 196: powers that may be given
The District Judge may authorise the curator to take possession of the property in one of these ways:
- generally;
- until security is given by the party in possession;
- until inventories of the property have been made; or
- for any other purpose necessary for securing the property from misappropriation or waste by the party in possession.
The proviso on continued possession
It is in the Judge's discretion to allow the party in possession to continue in possession, on giving security or not. Any continuance is subject to such orders as the Judge may issue about inventories or the securing of deeds or other effects. So an appointment of a curator does not always mean the party in possession is turned out.
Section 197: what the curator may not do
Sub-section (1)
Where a certificate has been granted under Part X, or under the "Succession Certificate Act, 1889 (7 of 1889)" (as printed), or a grant of probate or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator. The reader should check the current law for the provision that corresponds to the Act of 1889. Our article on the executor and administrator as legal representative shows who holds that authority.
Sub-section (2): payments to a curator
All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator shall be responsible for the payment to the person who has obtained the certificate, probate or letters of administration, as the case may be. So a tenant who paid rent to an authorised curator is protected.
Section 198: security and remuneration
Sub-section (1)
The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts as provided later. He may authorise the curator to receive remuneration out of the property, "in no case exceeding five per centum on the movable property and on the annual profits of the immovable property, as the District Judge thinks reasonable". The five per centum is a ceiling; the amount is the Judge's to fix.
Sub-section (2)
All surplus money realized by the curator shall be paid into Court and invested in public securities for the benefit of the persons entitled, upon adjudication of the summary proceeding.
Sub-section (3)
Security is to be required from the curator with all reasonable despatch and, where practicable, taken generally to answer all cases for which the person may afterwards be appointed curator. But no delay in taking security shall prevent the Judge from immediately investing the curator with the powers of his office. The text prints no amount of security.
A summary of the four sections
| Section | Subject | Key words in the text |
|---|---|---|
| 195 | Appointment | Danger of misappropriation or waste; one or more curators; no authority beyond the summary proceeding; Collector may be delegated for land; appointment published |
| 196 | Powers | Possession generally, or until security or inventories, or for another purpose needed to protect the property; party in possession may be allowed to continue |
| 197 | Limits | No exercise of the authority of a certificate-holder, executor or administrator; payers to the curator are indemnified |
| 198 | Security and pay | Security from the curator; remuneration up to five per centum; surplus into Court and invested |
A fresh example
After Hari's death, his two nephews both claim his rice mill, and one of them is running it and selling the stock. The other applies to the District Judge. The Judge finds danger of waste before the summary proceeding is decided and that the delay in obtaining security from the nephew in possession exposes the other to considerable risk, provided he is the lawful owner. The Judge appoints a curator, authorises him to take possession until inventories are made, and requires security from him. The curator is paid out of the mill's receipts, up to the ceiling in s.198(1), as the Judge thinks reasonable, and the surplus goes into Court. If probate or letters of administration are later granted, s.197(1) stops the curator from exercising the executor's or administrator's authority.
Practical points
- Ask for the curator early. The curator's authority runs only until the summary proceeding is decided.
- Check for a certificate or grant. Section 197(1) bars a curator from the authority of a certificate-holder, executor or administrator once one exists.
- Land paying revenue. A later section requires the Judge to call for a report from the Collector in such cases; see ss.199-204.
- Know the accounts duty. The curator must file accounts, covered in the same article.
On the other side of a curator's role, an executor under a will has duties of his own; see executor duties under a will.
Need help protecting a deceased person's property?
When two sides claim the same property and one is in possession, the risk of waste is real. Our team can assess whether an application for a curator fits your facts and explain what security and accounts to expect. Get in touch through dispute resolution with the property list and the papers showing your claim.
Key takeaways
- Section 195: a curator may be appointed where there is danger of misappropriation or waste before the summary proceeding is decided; his authority ends no later than that decision and the delivery of possession.
- Section 196: the Judge sets the curator's powers and may let the party in possession continue on terms.
- Section 197: a curator cannot exercise the authority of the holder of a certificate or an executor or administrator.
- Section 198: security is taken from the curator; remuneration is capped at five per centum as printed; surplus money goes into Court and is invested.
- The copy consulted shows amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); later amendments should be checked.
Read next
- Sections 192-194: relief against wrongful possession of a deceased person's property
- Sections 199-204: Collector's report, suits, accounts and bar on a second curator
- Sections 205-210: six-month limit, Court of Wards and effect of the summary decision
- Executor duties under a will: probate, inventory and distribution
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.