The State of X taken over the property of Y without conducting any enquiry regarding the survivors of Y. Z, a legal heir of Y challenged the acquisition.
(https://allindianlegalupdates.blogspot.com/2021/04/the-state-of-x-taken-over-property-of-y.html)
Issue:
Whether State of X can take over the property of Y? YES
Whether Y can challenge such acquisition? YES
Whether the State of X is required to conduct an enquiry? YES
Rule:
Section 12 of Andhra Pradesh Escheats and Bona Vacantia Act, 1974 which specifies the publication of declaration.
Application:
According to Section 12 of the Andhra Pradesh Escheats and Bona Vacantia Act, 1974 As soon as a declaration is made by the local officer or by the Court, the local officer shall publish a notification in the Andhra Pradesh Gazette and in a local newspaper of the district where the property is situated or Lies, and shall also cause announcement of the declaration to be made by beat of drum in the village in which the property is situated or lies. It further provides for the determination, custody and disposal of property vested in the State of Andhra Pradesh by escheat or lapse or as Bona Vacantia for want of a rightful owner and of unclaimed property. All Escheats and Bona Vacantia shall be vested in the Board of Revenue or in such other officer or authority as may be empowered by the Government.
G. Narsimha Reddy Vs. State of A.P, 1987 (2) ALT 46, it has been held that without conducting any enquiry as contemplated under Section 12 of the Act, the authorities cannot just come to a conclusion that particularly property is an Escheat or Bona Vacantia.
According to Section 2(i) Bona Vacantia includes any property, situated in the State of which there is no rightful owner, but does not include an escheat or any movable property found in a public place. According to Section 2(iv) Escheat includes any property the owner or which dies intestate and without leaving legal heir.
According to Section 7 whenever the local officer receives information from any source that any property of the nature of an escheat or a bona cacantia is situated or lying within his jurisdiction, he shall cause an inquiry to be made in respect thereof. However, if any third party who is in possession of such escheats etc. Without any authority, the local officer has to file a suit for declaration of the Government's right to recover such possession as per section 8. According to Section 13 of the Act immovable property which is declared as escheat or bona Vacantia shall not be alienated ordinarily by sale or grant until it has been in the possession of the Government for twelve years.
V. Lingamma and Others, Vs. Government of Andhra Pradesh and Others, AIR 2004 AP 167, Government of A.P. and Others, Vs. V.Lingamma and Others, 2006 (2) ALD 507, M. Veera Swamy and Others Vs. Mandal Revenue Officer, Sankavaram Mandal, 2003 (5) ALD 743, Jani Miyan Vs. Government of A.P. and Others, 2005 (2) ALD 243, Munnaluri Venkateswarlu and Another Vs. Vaddula Narasi Reddy and Another, AIR 1961 AP 71
Conclusion:
The State of X should have made a due enquiry before taking over the property of Y regarding the survivors of Y. Hence Z, a legal heir of Y can challenge the acquisition.