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The Doctrine of Escheat in India

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| The State and the Deceased: Escheatment in India | Research Paper in Family Law II | II Year Trimester VSubmitted by : Satya S. SahuID NO : 2088Submitted on 17 November 2014 | | |

| National Law School of India University

Index of Authorities
Constitutions
* The Constitution of India, 1949.
Statutes
* Government of India Act, 1915. * Hindu Succession Act, 1956. * Indian Succession Act, 1925. * Special Marriage Act, 1954.
Cases
* Chiranjilal Shrilal Goenka v. Jasjit Singh, (1993) 2 SCC 507. * Lakshmanammal And Anr. vs Tiruvengada Mudali (1882) ILR 5 Mad 241. * Collector of Masulipatnam v. Cavaly Venkata, (1860) 8 MIA 500. * State of Bihar v Radhakrishna Singh & Ors. 1983 SCC (3) 118. * Bombay Dyeing and Manufacturing Co. Ltd v. Bombay, (1958) SCR 1122. * Shafiq and Others v. Asstt. Director of Consolidation and Others, 2011(9)ADJ24. * Reshamlal Baswan vs Balwant Singh Jwalasingh Punjabi 1994 (0) MPLJ 446. * Ramcharan v. State of Rajasthan, AIR 2006 Raj 101. * Mohammed Arshad Chowdhry v. Sajida Banoo, (1878) IL 3 Cal.

As a general rule, the transfer of title of property from ancestors to their offspring has been given recognition and enforced since time immemorial. It’s also a settled proposition that the law, decides on who to confer the right of succession in case of intestate property. Statutes of distribution, based on a host of grounds (primogeniture, a preference for males over females., etc.) prescribe the sequence in which a heir(s) succeeds to one who dies without a will. However, the doctrine of escheat acts as a caveat to the general rules of succession in cases where there can be found no legally eligible relatives who can inherit the property. In such cases, the doctrine stipulates that the property revert

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