Consider the following statements regarding the Doctrine of Escheat in India —
- It is the primary mechanism for the state to assume ownership of property when a person dies without a will and without any legal heirs.
- It applies to all properties of a deceased person, irrespective of the existence of a valid will.
- The constitutional basis for the doctrine is provided under Article 296 of the Indian Constitution.
Which of the statements given above is/are correct?
Explanation – The doctrine of escheat is the mechanism for the state to assume ownership when a person dies intestate (without a will) and without legal heirs. However, it does not apply when there is a valid will - the Supreme Court clarified that where a valid will is executed and probated, property must devolve according to the testator's intent, leaving no room for state assertion. The constitutional basis is provided under Article 296 of the Indian Constitution, along with Section 29 of the Hindu Succession Act, 1956.
Explanation – The doctrine of escheat is the mechanism for the state to assume ownership when a person dies intestate (without a will) and without legal heirs. However, it does not apply when there is a valid will - the Supreme Court clarified that where a valid will is executed and probated, property must devolve according to the testator's intent, leaving no room for state assertion. The constitutional basis is provided under Article 296 of the Indian Constitution, along with Section 29 of the Hindu Succession Act, 1956.