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Report No. 110

33.7. Section 196-Powers conferable on curator.- Section 196 reads-

"196. 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 parry 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 he subject to such orders as the Judge may issue touching inventories, or the securing of deeds, or other effects."

The section needs no change.

33.8. Section 197-Section 197 reads-

"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, 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 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 thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be."

The section needs no change.

The Indian Succession Act, 1925 Back

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