STATE OF RAJASTHAN AND ORS. versus LORD NORTHBOOK AND ORS.

Citation: [2019] 11 S.C.R. 844 · Decided: 28-08-2019 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Matter referred to larger bench

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 11 S.C.R.
STATE OF RAJASTHAN AND ORS.
v.
LORD NORTHBOOK AND ORS.
(Civil Appeal No . 6677 of 2019)
AUGUST 28, 2019
[R. BANUMATHI AND INDIRA BANERJEE, JJ.]
Rajasthan Escheats Regulation Act, 1956– s.2(4), Proviso to
s.4, ss. 6, 7– Testator died in 1987 without any legal heirs, leaving
valuable properties situated in Khetri, Jhunjhunu, Rajasthan –
Before his death, he executed Will bequeathing his properties to a
Trust – Trustees filed probate petition before the Delhi High Court
for probate of the Will – Objections filed by the agnates of the
deceased testator – Probate petition dismissed – Appeal pending
before the Division Bench – Direction by the Collector, Jhunjhunu
to initiate proceedings under the Ecsheats Act in respect of the
properties left – Tehsildar took over possession of the properties –
Writ petition filed by respondents challenging three communications/
orders initiating the proceedings under the Act – Further, the
Collector rejected the claims of the Trust based on Will and also the
claim of the agnates – Appeal of the Trust before the Board of
Revenue – Order of the Collector stayed, appeal pending –
Thereafter, writ petition allowed – On appeal, held (per Curiam) :
Matter referred to larger bench – Per Banumathi, J. Doctrine of
escheat postulates that where an individual dies intestate and does
not leave behind an heir qualified to succeed to the property, the
property devolves on the Government – Absence of any heir is pre-
condition for initiation of the proceedings for escheating of the
property to the Government – In the present case, when the agnates/
other persons claiming right in the estate withdrew their objections,
naturally they accepted the claim/right of the Trust, which claims
through the Will – Inference has to be drawn that they have no right
of claim in the properties– Further, when the appeals were pending
before the Delhi High Court and the Board of Revenue involving
disputed questions, the High Court ought to have directed the parties
to avail efficacious alternative remedy – High Court erred in
quashing the three communications and directing the State to hand
   [2019] 11 S.C.R. 844
844
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over the possession of the properties to the respondents – Further,
due procedure was followed as per the Escheats Act – State of
Rajasthan right in treating the property as ‘bona vacantia’ and
initiating proceedings under the Escheats Act – Per Banerjee, J.
(Dissenting) : Doctrine of escheats postulates that where an
individual dies intestate and does not leave behind any heir qualified
to succeed to the property, the property devolves on the Government
– An abandoned property is a property for which no claim has
been made for a substantially long period, such as to raise the
presumption that the property is abandoned – In the present case,
there were claimants who objected to the grant of probate – Even
though they withdrew the objections, that would not make any
difference to their status as agates/cognates of the deceased testator
– Further, judgment dismissing the probate petition is of no
consequence – If a will fails, the property has to be treated as
intestate, devolving upon the natural heirs in accordance with the
applicable laws of succession – Dismissal of the probate case might
mean that the Trust cannot lay claim to the properties but, that does
not make the properties escheated properties– Unless there were
complete failure of heirs, the Escheats would not be attracted –
Further, the writ petition filed in 1987 had been pending in the
High Court for about three decades – Once the writ petition had
been entertained and kept pending, it should not be rejected on the
ground of existence of alternative remedy of appeal before the Board
of Revenue – Communications impugned were issued without any
finding of complete failure of heirs – Constitution of India – Arts.
226, 296 – Hindu Succession Act, 1956 – ss.3(a), (c), 8-13, 29 &
30 – Indian Succession Act, 1925– ss.195, 276 – Doctrines – Will.
Constitution of India – Art.226 – Existence of alternative
remedy – Entertainment of writ petition – Testator died in 1987
without any legal heirs, leaving valuable properties situated in
Khetri, Jhunjhunu, Rajasthan – Before his death, he executed Will,
bequeathing his properties to a Trust – Probate petition filed by the
Trustees before the Delhi High Court – Dismissed – Appeal pending
before the Division Bench – Writ petition fi

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