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Indian Succession Act, 1925 Section 204

Title: Bar to Appointment of Second Curator for Same Property

State: Central

Year: 1925

If the Judge of any district has appointed a curator, in respect of the whole of the property of a deceased person, such appointment shall preclude the Judge of any other district within the same State from appointing any other curator, but the appointment of a curator in respect of a portion of the property of the deceased shall not preclude the appointment within the same State of another curator in respect of the residue or any portion thereof: Provided that no Judge shall appoint a curator or entertain a summary proceeding in respect of property which is the subject of a summary proceeding previously instituted under this Part before another Judge: Provided, further, that if two or more curators are appointed by different Judges for several parts of an estate, the High Court may make such order as it thinks fit for the appointment of one curator of the whole property.

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Indian Succession Act, 1925 Section 197

Title: Prohibition of Exercise of Certain Powers by Curators

State: Central

Year: 1925

Section 197 - Prohibition of exercise of certain powers by curators ( 1) Where a certificate has been granted under Part X or under the Succession Certificate Act, 18891(7 of 1889), 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. (2) Payment of debts, etc., to curators.-All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator sh all be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938.

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Indian Succession Act, 1925 Section 198

Title: Curator to Give Security and May Receive Remuneration

State: Central

Year: 1925

(1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration in no case exceeding five per centum on the moveable property and on the annual profits of the immoveable property, as the District Judge thinks reasonable. (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 thereto upon adjudication of the summary proceeding. (3) Security shall be required from the curator with all reasonable dispatch, and where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office.

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Indian Succession Act, 1925 Section 195

Title: Appointment of Curator Pending Determination of Proceeding

State: Central

Year: 1925

If it further appears upon such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of the property before the summary proceeding can be determined, and that the delay in obtaining security from the party in possession or the insufficiency thereof is likely to expose the party out of possession to considerable risk, provided he is the lawful owner, the District Judge may appoint one or more curators whose authority shall continue according to the terms of his or their respective appointment, and in no case beyond the determination of the summary proceeding and the confirmation or delivery of possession in consequence thereof: Provided that, 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: Provided further, that every appointment of a curator in respect of any property shall be duly published.

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Indian Succession Act, 1925 Section 210

Title: Appointment of Public Curators

State: Central

Year: 1925

The State Government may appoint public curators for any district or number of districts; and the District Judge having jurisdiction shall nominate such public curators in all cases where the choice of a curator is left discretionary with him under this Part.

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Indian Succession Act, 1925 Section 196

Title: Powers Conferrable on Curator

State: Central

Year: 1925

The District Judge may authorise the curator to take possession of the property either generally, or until security is given by the party in possession, or 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: Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in such possession on giving security or not, and any continuance in possession shall be subject to such orders as the Judge may issue touching inventories, or the securing of deeds or other effects.

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Indian Succession Act, 1925 Section 201

Title: Allowances to Apparent Owners Pending Custody by Curator

State: Central

Year: 1925

Pending the custody of the property by the curator, the District Judge may make such allowances to parties having a prima facie right thereto as upon a summary investigation of the rights and circumstances of the parties interested he considers necessary, and may, at his discretion, take security for the repayment thereof with interest, in the event of the party being found, upon the adjudication of the summary proceeding, not to be entitled thereto.

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Indian Succession Act, 1925 Section 202

Title: Accounts to Be Filed by Curator

State: Central

Year: 1925

The curator shall file monthly accounts in abstract, and shall, on the expiry of each period of three months, if his administration lasts so long, and, upon giving up the possession of the property, file a detailed account of his administration to the satisfaction of the District Judge.

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Indian Succession Act, 1925 Section 207

Title: Court of Wards to Be Made Curator in Case of Minors Having Property Subject to Its Jurisdiction

State: Central

Year: 1925

Nothing in this part shall be deemed to authorise any disturbance of the possession of a Court of Wards of any property; and in case of a minor, or other disqualified person whose property is subject to the Court of Wards, is the party on whose behalf application is made under this Part, the District Judge, if he determines to summon the party in possession and to appoint a curator, shall invest the Court of Wards with the curatorship of the estate pending the proceeding without taking security as aforesaid; and if the minor or other disqualified person, upon the adjudication of the summary proceeding, appears to be entitled to the property, possession shall be delivered to the Court of Wards.

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Indian Succession Act, 1925 Chapter 23

Title: Of Gifts in Contemplation of Death

State: Central

Year: 1925

.....receive remuneration (1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration in no case exceeding five per centum on the moveable property and on the annual profits of the immoveable property, as the District Judge thinks reasonable. (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 thereto upon adjudication of the summary proceeding. (3) Security shall be required from the curator with all reasonable dispatch, and where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office. Section 199 - Report from Collector where estate includes revenue-paying land (1) Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the.....

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