Chapter II Escheats

Where a person dies intestate and without leaving legal heirs, all his

property shall be escheat and shall belong to the Government.

Whenever the Collector receives information from any

source that any person in possession of any movable or immovable property lying within his jurisdiction has died intestate and without legal heirs, he shall cause an inquiry to be made as

Received the assent of the Governor on the 24th day of February, 1964 and published in the Kerala Gazette Extraordinary No.31 dated 24thFebruary, 1964.

1. Appointed the 1st day of June, 1965 as the date on which the Act came into force vide S.R.O.No. 183/65 dated 21.04.1965 published in the Kerala Gazette No. 17 dated 4th May, 1965.

to whether the deceased has died intestate and whether he has left any legal heirs.

If, as a result of the inquiry under section 4, the

Collector is satisfied that the deceased has died intestate and without legal legal heirs and that it is a prima facie case of escheat, he shall publish in the Gazette a notice calling upon all persons who may have any claim to the property of the deceased to appear before him and prefer their claims within six months from the date of publication of the notice.

If any claim is preferred within the period fixed under

section 5, the Collector shall investigate the claim and take in all evidence produced by the claimant. He shall decide the case after such inquiry as he deems fit to make, and issue notice of the decision to the parties concerned. The decision of the Collector shall be final, subject to the provisions of sections 7 and 11.

1. (1) An appeal shall lie to the Board from the decision of the Collector under section 6 within three months from the date of the notice to the parties concerned, and the decision of the Board on such appeal shall, subject to the provisions of sub-section (2) of this section and section 11, be final.
2. (2) Any person aggrieved by the order of the Board under sub-section (1), may, within sixty days of the date of communication of the order to the parties concerned, appeal to the Government against such order, and the decision of the Government on such appeal shall, subject to the provisions of section 11, be final.
3. (3) No order under sub-section (1) or sub-section (2) shall be passed without giving all persons interested an opportunity of being heard.

The decision of the Collector shall not be given effect to until

the time for the institution of a suit under section 11 is over or until the suit, if any, instituted is finally disposed of.

1. (1) In the case of escheats which are movable property, the Collector shall take steps for the sale of the property by public auction in the manner prescribed, the sale proceeds being credited to the Government.
2. (2) Escheats which are immovable property shall be disposed of in accordance with the provisions of the Kerala Government Land Assignment Act, 1960 and of the rules made thereunder : Provided that lands which have escheated to the Government shall not ordinarily be sold until it has been in the possession of the Government for twelve years or more.

1. (1) Notwithstanding anything contained in sections 5 to 9 (both inclusive), the Collector may, if satisfied after the inquiry under section 4 that the person in possession of any movable or immovable property died intestate and without legal heirs, take possession of such property, provided that the property is not in the possession of any person or the person in possession does not offer any opposition. If there is opposition and there is no risk of the property being damaged by the delay in taking possession thereof and arranging for its care and maintenance, the person may be left in possession until the claim is finally settled. If there is risk of damage, the Collector may file a suit in the court to establish the right of the Government and take possession of the same.
2. (2) The property taken possession of under sub-section (1) shall be managed by the Government in the manner prescribed: Provided that the Collector may dispose of any perishable property by public auction in the manner prescribed at any time after taking possession under sub-section (1).

Nothing in this Chapter shall be held to prevent parties deeming themselves aggrieved by any decision or order passed or proceedings taken or purporting to be passed or taken under this Chapter from suing the Government in the civil courts:

Provided that such suits shall be preferred within six months from the time at which the cause of action arose:

Provided further that the whole time occupied by the Board of Revenue and the Government under section 7 shall be excluded from the computation of the period of limitation of the said six months.

1[CHAPTER IIA Abandoned Property

Any immovable property abandoned by the rightful

owner thereof shall be abandoned property and shall belong to the Government.

Whenever the Collector receives information from any

source that any immovable property situate within his jurisdiction has been abandoned by the rightful owner thereof, he shall cause an inquiry to be made as to whether there is any legal claimant to such property.

If as a result of the inquiry under section 11B, the

Collector is satisfied that there is a prima facie case of abandonment of the property by the rightful owner thereof, he shall publish in the Gazette a notice calling upon all persons who may have any claim to such property to appear before him and to prefer their claims within six months from the date of publication of the notice.

If any claim is preferred within the period fixed

under section 11C, the Collector shall investigate the claim and decide the case after such inquiry as he deems fit to make, and issue notice of the decision to the parties concerned.

1. (1) An appeal shall lie to the Board from the decision of the Collector under section 11D within three months from the date of receipt of the notice of such decision by the parties concerned and the order of the Board on such appeal shall, subject to the provisions of sub-section (2) and section 11G, be final.
2. (2) Any person aggrieved by the order of the Board under sub-section (1) may, within sixty days of the date of communication of the order to the parties concerned, appeal to the Government against such order, and the order of the Government on such appeal shall, subject to the provisions of section 11G, be final.
3. (3) No order under sub-section (1) or sub-section (2) shall be passed without giving all persons interested an opportunity of being heard.

¹ Inserted by Act 33 of 1976.

1. (1) Notwithstanding anything contained in sections 11C, 11D and 11E, the Collector may, if satisfied after inquiry under section 11B that any immovable property has been abandoned by the rightful owner thereof, take possession of such property, provided the property is not in the possession of any person or the person in possession does not offer any opposition.
2. (2) If there is opposition in the taking possession of any property by the Collector under sub-section (1), the person in possession of the property may be left in possession thereof until the claim is finally settled under the foregoing provisions of this Chapter.
3. (3) The property taken possession of under sub-section (1) shall be managed by the Government in the manner prescribed.

Nothing in this Chapter shall be held to prevent any

person deeming himself aggrieved by any decision or order passed or proceedings taken or purporting to be passed or taken under this Chapter from filing a suit against the Government in the competent civil court for establishing his claim.

Abandoned property shall be disposed of in accordance

with the provisions of the Kerala Government Land Assignment Act, 1960 and the rules made thereunder:

Provided that such property shall not be sold until it has been in the possession of the Government for not less than twelve years.]