Doctrine of Escheat

The Supreme Court of India recently ruled that a State Government cannot invoke the doctrine of escheat under Section 29 of the Hindu Succession Act once a Hindu male has executed a Will that has been declared valid and has been granted probate by a court. This ruling clarifies the legal implications of escheat in the presence of a valid will.

About the Doctrine of Escheat

The doctrine of escheat is a significant legal principle ensuring that no property remains without ownership. If the original owner dies without legal heirs or fails to create a Will, the property reverts to the State.

Key Situations Where Escheat Applies:

Intestate Succession: When a person dies without a will (intestate) and without legal heirs, the property escheats to the state.
Unclaimed Property: When property is unclaimed or abandoned for a specific period, it can also escheat to the state.

The primary goal of escheat is to ensure that property does not remain ownerless. In the absence of heirs, the government assumes ownership, thereby preventing the property from being misused or left in legal limbo.

Historical Origins of Escheat

The doctrine of escheat has its roots in medieval Europe during the feudal system. Here's a quick look at its evolution:

The term "escheat" comes from the Old French word "eschete," meaning "to fall to."
Under feudalism, land held by tenants would revert (or escheat) to the lord if the tenant died without heirs or was convicted of certain crimes, like treason.
Over time, the concept evolved, and in modern legal systems, it is the state rather than the lord or monarch that assumes ownership of the land or property.

Escheat in Modern Legal Systems

In modern legal systems, escheat ensures that property is not left ownerless. It also serves as a mechanism for handling unclaimed assets.

In India, Section 29 of the Hindu Succession Act, 1956 and Article 296 of the Indian Constitution govern the doctrine of escheat.
These provisions specify the circumstances under which property escheats to the state. The state temporarily or permanently assumes control of unclaimed or abandoned property.

The Supreme Court ruling has reinforced that the doctrine of escheat is only applicable when a person dies intestate (without a will) and without any legal heirs. If there is a valid will that has been probated, the property must pass to the beneficiaries as per the testator's intent, without any interference from the state.

Implications of the Supreme Court Ruling

This ruling reaffirms the importance of testamentary freedom — that is, the right of individuals to decide the disposition of their property after death through a Will. If a person has executed a valid will and it has been probated, the estate must follow the testator’s wishes, and the state cannot assert any claim over the property.

Source: INDIAN EXPRESS

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