Home The Constitution Part XII Article 296

Art. 296 Part XII: Finance, Property, Contracts and Suits

Property Accruing by Escheat or Lapse or as Bona Vacantia

Exact text — 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...

In Plain English

What this Article actually means

This Article addresses what happens to property with no identifiable rightful owner (like an estate where someone dies with no heirs and no will — 'escheat', or genuinely ownerless property — 'bona vacantia') that would, before 1950, have gone to the Crown or a princely Ruler by default. It now vests in the relevant state (if the property is within a state) or the Union (in other cases).

Why This Matters To You

How it shows up in everyday life

This is the modern-day rule for what happens to genuinely unclaimed property or an estate with no heirs — rather than remaining ownerless indefinitely, it vests in the government (state or Union, depending on location), continuing a legal principle inherited from English common law but adapted to India's post-1950 constitutional structure.

Read alongside this one

Art. marriage-family-inheritance — Marriage, Family & Inheritance

Frequently Asked

Quick answers about Article 296

What happens to a deceased person's property if they have no will and no legal heirs can be found?

Under this Article's 'escheat' principle, such property ultimately vests in the state government (if located within a state), continuing an ancient legal doctrine ensuring property never remains permanently ownerless.

← PreviousArticle 295: Succession to Property, Assets, Rights, Liabilities and Obligations in Other Cases Next →Article 297: Things of Value Within Territorial Waters or Continental Shelf and Resources of the Exclusive Economic Zone to Vest in the Union

The text above reproduces Article 296 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.