AIR 2018 SUPREME COURT 614 ::2018 (3) ALJ 162 ::(2017) 2 WLC(SC)CVL 756 ::(2018) 138 RevDec 477 ::(2017) 2 CLR 1170 (SC) ::(2018) 1 HinduLR 1 ::(2018) 1 All RentCas 193 ::(2017) 4 CivilCourtC 619 ::2017 (16) SCC 418 ::(2018) 1 RecCivR 690 ::(2017) 12 Scale 23 ::(2017) 4 CurCC 26 ::AIR 2018 SC (Civil) 1009 ::(2017) 125 All LR 898 ::(2017) 5 Cal HN 150 ::(2018) 1 ICC 522 ::(2018) 1 Mad LW 940 ::(2018) 1 UC 712 ::(2018) 1 UC 574 ::(2018) 2 AndhLD 139 ::(2017) 180 AllIndCas 83 (SC)

Supreme Court Of India

(From: Uttarakhand)

Hon'ble Judge(s): N. V. Ramana, D. Y. Chandrachud , JJ

(A) Hindu Succession Act (30 of 1956) , S.29— Doctrine of escheat - Explained. Doctrine of escheat postulates that where an individual dies intestate and does not leave behind heir who is qualified to succeed to property, property devolves on Government. Though property devolves on Government in such an eventuality, yet Government takes it subject to all its obligations and liabilities. State in other words does not take property 'as rival or preferential heir of deceased but as lord paramount of whole soil of country'. S. 29 comes into operation only on there being failure of heirs. Failure means total absence of any heir to person dying intestate. When question of escheat arises, onus rests heavily on person who asserts absence of heir qualified to succeed to estate of individual who has died intestate to establish case. Law does not readily accept such consequence. In other words, even in situation where founder or his line of heirs is extinct, and properties escheat to State, the State which receives dedicated property is subject to trust and cannot treat it in manner of secular property.(Para 18) (B) Hindu Succession Act (30 of 1956) , S.29— U.P. Zamindari Abolition and Land Reforms Act (1 of 1951) , S.167(2)— Failure of heir - Adjudication on titles - Jurisdiction of Collector....