Article 296 of CoI : Article 296: Property accruing by escheat or lapse or as bona vacantia.

CoI

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Explanation using Example

Example 1:

Scenario: A wealthy individual named Mr. Sharma passes away without any legal heirs or a will.

Application of Article 296:

  • Since Mr. Sharma has no legal heirs or a will, his property would be considered as having no rightful owner (bona vacantia).
  • According to Article 296, if Mr. Sharma's property is located in the state of Maharashtra, it will vest in the State of Maharashtra.
  • If the property was located in a Union Territory like Delhi, it would vest in the Union Government.

Example 2:

Scenario: A small princely state in India, which was under the rule of a local king, becomes part of the Indian Union after independence. The king passes away without any heirs or a will.

Application of Article 296:

  • Before the Constitution of India came into operation, the property of the king would have accrued to the Ruler of the Indian State by escheat or lapse.
  • After the ...

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