Doctrine of Escheat & Contributory Negligence

  • In September 2025, the Supreme Court held 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, which has been declared to be valid and has been granted probate by a Court.

The Doctrine of Escheat and Constitutional Mandate

  • The Doctrine of Escheat empowers the State to claim property left without any rightful legal heirs.
  • Article 296 of the Constitution mandates that such property vests in the Union or the State.
  • Bona Vacantia applies to "ownerless goods" where the State assumes ownership as the ultimate legal ....
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