Article 296 of Constitution of India – Property accruing by escheat or lapse or as bona vacantia
Article 296 of Constitution of India deals with Property accruing by escheat or lapse or as bona vacantia
Original Text of Article 296 of Constitution of India
Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union.
Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State.
Explanation.—In this article, the expressions “Ruler” and “Indian State” have the same meanings as in article 363
Questions related to Article 296 of Constitution of India
Article 296 states that property that has no rightful owner shall belong to the Government—either the Union or the State—depending on where the property is located, as per the Constitution of India.
“Bona vacantia” refers to property that is ownerless or without a legal claimant. According to the Indian Constitution, such property becomes the asset of the respective government under Article 296.
As per the Articles of Indian Constitution, the property shall vest in the Union if located in a Union Territory, and in the State if located within a state’s territory, unless otherwise determined by Parliament.
Article 296 provides legal clarity on the disposal of unclaimed property, avoiding disputes and ensuring government control, a concept well explained under Indian Kanoon and the Constitution of India.
You can explore Indian Kanoon for detailed case laws and legal interpretations, or consult simplified UPSC notes and commentaries on the Articles of Indian Constitution.
For Further Reference:
Other Related Links:
