PROTECTION OF PROPERTY OF DECEASEDCentral

Section 199 of The Indian Succession Act, 1925 in hindi

(1)Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the propriety of summoning the party in possession, of appointing a curator, or of nominating individuals to that appointment, the District Judge shall demand a report from the Collector, and the Collector shall thereupon furnish the same: Provided that in cases of urgency the Judge may proceed, in the first instance, without such report.
(2)The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting otherwise than according to such report, he shall immediately forward a statement of his reasons to the High Court, and the High Court, if it is dissatisfied with such reasons, shall direct the Judge to proceed conformably to the report of the Collector.

Summary

This provision requires the District Judge to consult the Collector when an estate includes land that pays revenue to the Government.
The Judge must ask for a report from the Collector before summoning the party in possession or appointing a curator.
The Judge can skip asking for the report first if the situation is an emergency.
The Judge does not have to follow the Collector's report.
If the Judge decides to go against the Collector's report, they must send their reasons to the High Court.
The High Court can force the Judge to follow the report if it is dissatisfied with the Judge's reasons.

Practical examples

1An estate includes a large farm that pays government revenue. The District Judge wants to appoint a curator. Before doing so, the Judge formally requests a report from the local Collector about the property.

2The Collector sends a report suggesting that Mr Sharma should not be the curator. The District Judge disagrees and appoints Mr Sharma anyway. The Judge must then immediately send a written statement explaining this decision to the High Court.

FAQ

1. Does the District Judge need a Collector's report to appoint a curator under Section 199 of The Indian Succession Act, 1925?

Yes, Section 199 of the Act requires the Judge to demand a report from the Collector if the estate includes revenue-paying land, unless it is an urgent case.

2. Must the District Judge follow the Collector's report under Section 199 of the succession law?

No, Section 199 of the Act states the Judge is not obliged to act in conformity with the report, but must send reasons to the High Court if acting against it.

3. What can the High Court do if it dislikes the Judge's reasons under Section 199 of the 1925 Act?

Under Section 199 of the Act, if the High Court is dissatisfied with the reasons, it shall direct the Judge to proceed conformably to the Collector's report.

Test yourself

Q1.Under Section 199 of The Indian Succession Act, 1925, when must a Judge demand a report from the Collector?

Q2.When can a District Judge proceed without waiting for the Collector's report under Section 199 of the succession law?

Q3.According to Section 199 of The Indian Succession Act, 1925, who receives the statement of reasons if the Judge ignores the Collector's report?

Q4.Combining Section 198 and Section 199 of The Indian Succession Act, 1925, what might a curator of revenue-paying land have to deal with?

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