Section 196 of ISA : Section 196: Powers Conferrable On Curator

Explanation using Example

Imagine a situation where Mr. Sharma, a wealthy businessman, passes away without leaving a will. His distant relative, Mr. Verma, takes possession of Mr. Sharma's property. The other heirs, who are unsure of the extent of Mr. Sharma's assets, are concerned that Mr. Verma might mismanage or waste the property before the succession process is complete.

One of the heirs approaches the District Judge with these concerns. The Judge, applying Section 196 of The Indian Succession Act, 1925, authorises a curator to take possession of Mr. Sharma's property. This is done to protect the assets until proper inventories are made or until the heirs provide adequate security to the satisfaction of the court. The Judge also stipulates that Mr. Verma can continue to stay in possession of the property, but he must now provide security and comply with any further orders regarding the safeguarding of important documents and valuables.