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The Supreme Court of India has recently ruled that a State Government cannot invoke the Doctrine of Escheat under Section 29 of the Hindu Succession Act, 1956, when a valid Will has been executed and probate has been granted by a competent court. The judgment underscores that the principle of escheat applies only as a last resort, when an individual dies intestate (without a Will) and without legal heirs.

What is the Doctrine of Escheat?

The Doctrine of Escheat is a long-standing legal principle ensuring that no property remains ownerless. When a person dies without a Will and without any legal heirs, ownership of the property reverts to the State.

This doctrine safeguards social and legal order, ensuring that property does not remain unclaimed or misused.

Situations Covered Under Escheat:

1. Death without a Will (Intestate): When a person dies without making a valid Will and leaves no heirs.
2. Unclaimed or Abandoned Property: When ownership cannot be established for a prolonged period.

The underlying idea is that property must always have an identifiable owner, and in the absence of heirs, the State becomes the ultimate owner.

Historical Background

• The term “escheat” originates from the Old French word “eschete”, meaning “to fall to.”
• The concept dates back to the feudal system of medieval Europe, where land held by a tenant reverted to the lord if the tenant died without an heir or was convicted of crimes such as treason.
• Over time, this right passed from feudal lords to the monarch or the state, ensuring continuous control over land and preventing property from becoming ownerless.

Doctrine of Escheat in Modern Legal Systems

In contemporary jurisprudence, escheat prevents property from remaining in legal limbo. The State assumes ownership of such assets, either permanently or temporarily, until legitimate claimants are found.
Different countries have codified laws governing this process, ensuring fairness and transparency.

Doctrine of Escheat in India

In the Indian legal framework, the doctrine operates through two main provisions:

• Article 296 of the Constitution of India:Provides that any property that escheats or lacks legal ownership vests in the State or Union, depending on where the property is situated.
• Section 29 of the Hindu Succession Act, 1956:States that if a Hindu dies intestate and without any legal heirs, the property escheats to the Government, which assumes ownership subject to all legal obligations.

Supreme Court’s Observation

In the recent judgment, the Supreme Court held that:

• The Doctrine of Escheat is a remedy of last resort and cannot be invoked when a valid Will exists.
• Once a Will is probated (i.e., validated by a competent court), the State has no locus to challenge the testamentary disposition under the garb of escheat.
• The testator’s intent must prevail, and the property should devolve strictly as per the terms of the Will.

This ruling reinforces the sanctity of testamentary freedom and clarifies the limited applicability of escheat provisions.

Significance of the Ruling

• Protects Individual Property Rights: Upholds the right of individuals to dispose of their property through a valid Will.
• Limits State Overreach: Prevents arbitrary claims by the State over private property.
• Clarifies Legal Interpretation: Defines the precise scope of Section 29 of the Hindu Succession Act and Article 296 of the Constitution.
• Ensures Legal Certainty: Strengthens property succession jurisprudence in India.