VidhiSangh

Supreme Court of India · 22/09/2017

KUTCHI LAL RAMESHWAR ASHRAM TRUST EVAM ANNA KSHETRA TRUST THR. VELJI DEVSHI PATEL versus COLLECTOR, HARIDWAR & ORS.

[2017] 9 S.C.R. 766 · 2017 INSC 979

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Summary

A Collector declared disputed ashram property vested in the State by escheat, inferring the recorded owner’s death and absence of heirs. The Court held that Section 29 of the Hindu Succession Act did not confer power to adjudicate disputed title and succession. It quashed the Collector’s order without validating the trust’s title, which remained a matter for the competent judicial forum.

Issues

  1. Whether Section 29 authorised the Collector to determine disputed title and failure of heirs.
  2. What burden and obligations accompanied a State escheat claim.
  3. Whether the Administrators-General Act or land-reform provision supplied the claimed authority.

Provisions considered

Held

Result

Appeal allowed without costs; High Court judgment set aside, writ petition allowed and the Collector’s escheat and possession order quashed. The trust’s title was not adjudicated or validated.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 766.