Q. With reference to Rights and Liabilities of the Government, consider the following statements:
1. As per Doctrine of Escheat, when a person dies without any will or heirs, his/ her property accrues to the government.
2. According to Lapse principle, any property found without any owner will be possessed by the government.
3. Under Bona Vacantia, rights to property are terminated when there is a failure to follow appropriate procedures.
How many of the above-given statements are correct?
Exp) Option a is the correct answer
Article 296 of constitution of India provides property accruing by escheat or lapse or as bona vacantia.
Statement 1 is correct: Doctrine of Escheat provides that when owner of any property dies without an heir his rights would have so transferred to His Majesty or to the Ruler of an Indian State before the independence era. But now it shall devolve on the government. However, the government takes the property subject to all its obligations and liabilities.
Statement 2 is incorrect: Under the lapse, if there is a failure to follow appropriate procedures while establishing ownership over a property, then such ownership rights will be terminated. And the rightful ownership will be vested with the government.
Statement 3 is incorrect: Under bona vacantia, if the property is found without any owner, then it shall, vest in the Union or in that State.
