Collectors prohibited from dealing intestate assets
The Apex Court has prohibited government from taking over possession of private properties including those belonging to Hindu Religious Charitable institutions, in situations where the owners of these assets had no heirs and died without executing a will.
The bench of Justices NV Ramana and DY Chandrachud completely prohibited collectors from adjudicating over the title of any property which fell within the jurisdiction of civil courts.
Justice Chandrachud observed, “To allow administrative authorities of the state — including the collector — to adjudicate upon matters of title involving civil disputes would be destructive of the rule of law. The collector is an officer of the state... An adjudicatory function could not have been arrogated to himself by the collector. Adjudication on titles must follow recourse to the ordinary civil jurisdiction of a court of competent jurisdiction under Section 9 of Code of Civil Procedure.”
As per section 29 of the Hindu Succession Act, “If an intestate has left no heir qualified to succeed his or her property in accordance with the provisions of this Act, such property shall devolve on the government and the government shall take the property subject to all the obligations and liabilities to which an heir would have been subjected.
The Author Mr.K.P.Satish Kumar M.L. is the leading civil lawyer in Madras High Court
For free legal queries to Daniel & Daniel Call : 9840802218.
The bench of Justices NV Ramana and DY Chandrachud completely prohibited collectors from adjudicating over the title of any property which fell within the jurisdiction of civil courts.
Justice Chandrachud observed, “To allow administrative authorities of the state — including the collector — to adjudicate upon matters of title involving civil disputes would be destructive of the rule of law. The collector is an officer of the state... An adjudicatory function could not have been arrogated to himself by the collector. Adjudication on titles must follow recourse to the ordinary civil jurisdiction of a court of competent jurisdiction under Section 9 of Code of Civil Procedure.”
As per section 29 of the Hindu Succession Act, “If an intestate has left no heir qualified to succeed his or her property in accordance with the provisions of this Act, such property shall devolve on the government and the government shall take the property subject to all the obligations and liabilities to which an heir would have been subjected.
The Author Mr.K.P.Satish Kumar M.L. is the leading civil lawyer in Madras High Court
For free legal queries to Daniel & Daniel Call : 9840802218.
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