🧾 Article 296 of the Indian Constitution
Title: Property accruing by escheat or lapse or as bona vacantia
🔍 Explanation:
Article 296 provides that any property without a legal heir or rightful owner — such as unclaimed property, ownerless assets, or those that revert to the government due to lapse — shall vest in the Union or the State Government, depending on jurisdiction.
This includes:
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Property of a person who dies intestate (without a will or legal heirs),
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Abandoned properties,
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Properties that revert to the State due to failure of ownership or usage.
Such property is called “bona vacantia”, escheat, or lapsed property.
📘 Key Provisions of Article 296:
| Term | Meaning |
|---|---|
| Escheat | Property of a deceased person without legal heirs passes to the State |
| Lapse | Property returns to the State due to non-fulfillment of conditions |
| Bona Vacantia | Property with no identifiable owner (unclaimed assets) |
📊 Summary Chart: Article 296
| Feature | Details |
|---|---|
| Article | 296 |
| Subject | Succession of ownerless property (escheat, lapse, bona vacantia) |
| Who Receives the Property? | - Union Government, if under Union jurisdiction - State Government, if under State jurisdiction |
| Applies To | - Intestate deaths - Abandoned land - Lapsed estates or contracts |
| Purpose | To ensure legal clarity and public ownership of unclaimed property |
| Legal Doctrine | Based on common law principle of escheat and state sovereignty over ownerless assets |
🧠 Why Article 296 is Important:
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Prevents confusion or misuse of ownerless assets.
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Ensures such property is used for public good.
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Gives legal ownership rights to the government for redistribution or auction.
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Useful for public estates, unclaimed property, and abandoned lands.
Here is a comparative chart of Articles 294 to 296 of the Indian Constitution.
These articles collectively deal with the succession and vesting of government property, rights, and liabilities, ensuring a smooth legal transition after independence and addressing the status of ownerless or lapsed property.
📊 Combined Comparison Chart: Articles 294 to 296 – Succession & Ownership of Government Property
| Article | Title | Focus Area | Transferred From | Transferred To | Key Provision / Purpose | Status |
|---|---|---|---|---|---|---|
| 294 | Succession in certain cases | Property & liabilities of British India | Dominion of India & Provinces (Pre-1950) | Union or State Governments | Transfer of property, assets, rights, liabilities, and obligations post-1950 | ✅ In Force |
| 295 | Succession in other cases | Princely states & other regions | Former princely states (Part B states, etc.) | Union or State Governments | Legalizes the integration of princely states and transfer of their financial matters | ✅ In Force |
| 296 | Property by escheat, lapse, or as bona vacantia | Ownerless property | No legal heirs / abandoned / unclaimed property | Union or State (based on jurisdiction) | Unclaimed or heirless property vests in the government for public ownership | ✅ In Force |
🧠 Key Differences and Focus Areas:
| Aspect | Article 294 | Article 295 | Article 296 |
|---|---|---|---|
| Applies To | British India provinces | Princely states / Part B states | Ownerless or unclaimed property |
| Nature of Property | All types (assets, rights, liabilities) | All types (assets, rights, liabilities) | Only abandoned or heirless property |
| Transferred From | Dominion of India / British Raj | Former princely states | General public domain (no prior owner) |
| Transferred To | Union or State Governments | Union or State Governments | Respective Union or State Government |
| Parliament’s Role | ❌ Not required | ✅ Can regulate/modify | ❌ Not required |
| Legal Basis | Political & constitutional transition | Merger and integration agreements | Common law principle of escheat / lapse |
🔁 Visual Flow Summary
[ Pre-Constitution Ownership Transfer ]
↓ ↓
Article 294 → From British India → Union/States
Article 295 → From Princely States → Union/States
[ Post-Constitution Unclaimed Property ]
↓
Article 296 → No heirs? → Goes to Union/State
This set of articles ensures:
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Seamless legal ownership post-independence,
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Protection against loss of public wealth, and
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Clear rules for government succession and property management.
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