Doctrine of Escheatment
The Hindu Succession Act,1956 Section 29 defines the "Doctrine of Escheatment".
According to this in Hindu Joint Family,if there are no heirs i.e.absence of class I,classII,Agnates and Cognates to the deceased person,the Government will take the property.This is known as "Doctrine of Escheatment".
According to Mitakshara and Dayabaga,the State can be take the property of a Kshatriya.But in the Brahmin,the state cannot take the property.Manu's text also says that,Brahmin property cannot be taken.According to the Narada Smruti,the property of Brahmin goes to another Brahmin,when thehaiers.no heirs.
Inheritance is Never in Abeyance,who is the nearest in the relationship at the time of death,they can take the property.
Eg:-'A' is the nearest heir of 'B'.But the birth of 'C' nearer than 'A' at the 'B' death excludes 'A' from inheritance.
The Privy Council says that,in the absence of the heirs,the property goes to Escheatment to the State,whether the deceased was a Brahmin or Non-Brahmin.
so,if there is no heirs,the property goes to the Government.This is known as "Doctrine of Escheatment"
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