BACHELOR OF BUSINESS ADMINISTRATION

BUSINESS ADMINISTRATION

BUSINESS LAW

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
The property of the deceased escheats to the state if there are no inheritors.
A
True
B
False
Explanation: 

Detailed explanation-1: -The Supreme Court held that a property is escheated to the Government only when an intestate has left no heir who is qualified to succeed to his or her property. When the property devolves upon the Government, the Government shall take the property subject to all the obligations and liabilities of the property.

Detailed explanation-2: -As per the Hindu Succession Act, 1965, if a person dies intestate, his property would go to Class I heirs. If the Class I heirs do not exist, then the property would be delegated to Class II heirs. However, if both the Class I and Class II heirs are not alive, then the property would be transferred to Agnates.

Detailed explanation-3: -Section 29 [of the Hindu Succession Act, 1956] embodies the principle of escheat. The doctrine of escheat postulates that where an individual dies intestate and does not leave behind an heir who is qualified to succeed to the property, the property devolves on the Government.

Detailed explanation-4: -Escheat is the jurisdiction of the government to own orphaned goods and assets. When a person passes away without leaving a will or any heirs, the doctrine of escheat is applied. It also applies to situations where property goes unclaimed for a long time, though.

Detailed explanation-5: -Escheat refers to the claim of the Government on the property of a person who dies without leaving behind any legal heir or a will.

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