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Report No. 110

Chapter 33

Protection of Property of Deceased (Sections 192 to 210)

33.1. Scope.-

Protection of the property of the deceased forms the subject-matter of sections 192 to 210, which create a machinery for such protection. Under section 192, proceedings for the purpose can be initiated by a person claiming a rightful succession, either after actual possession has been taken by another person or when forcible means of seizing possession are apprehended.

An application for the purpose has to be made to the District Judge who, after inquiry under sections 193-194, has power, under section 194, to determine summarily the right to possession and shall deliver possession accordingly. The order of the District Judge is subject to the right of the aggrieved party to bring a suit under section 208. Pending determination of the summary proceedings, the District Judge has power to appoint a curator of the property. The rest of the chapter deals mainly with matter connected with the Curator.

The Indian Succession Act, 1925 Back

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