Hindu Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 29 of Hindu Succession Act: Failure of heirs
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
If an intestate has left no heir qualified to succeed to 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 subject.
Legal Commentary & Landmark Judgments: Section 29
Section 29 regulates the doctrine of escheat, providing that if an intestate Hindu dies leaving no heir qualified to succeed to the property under the Act, the estate devolves upon the Government subject to obligations.
Failure of Heirs Condition: If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall go to the Government.
Escheat Subject to Liabilities: The Government takes the property subject to all the obligations, debts, and liabilities to which an heir would have been subject.
Strict Burden on State: The State bears the heavy burden of establishing that the deceased died without leaving any agnates, cognates, or testamentary dispositions.
Key Landmark Precedents:
State of Punjab v. Balwant Singh (1992) Supp (3) SCC 108: The Supreme Court held that escheat is an extraordinary prerogative of the State; the State cannot claim property under Section 29 if any heir, however distant, is alive or if a valid will exists.
State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Held that the plea of escheat will not be entertained unless the State adduces positive evidence demonstrating complete absence of blood relations.
Courtroom Practice & Strategic Litigation Guidance:
When defending against government revenue authorities attempting to escheat property under Section 29, trace distant agnatic or cognatic relations under Sections 12 and 13. If any distant relative exists, the claim of escheat fails completely.
Legal Commentary & Landmark Judgments: Section 29
Section 29 regulates the doctrine of escheat, providing that if an intestate Hindu dies leaving no heir qualified to succeed to the property under the Act, the estate devolves upon the Government subject to obligations.
When defending against government revenue authorities attempting to escheat property under Section 29, trace distant agnatic or cognatic relations under Sections 12 and 13. If any distant relative exists, the claim of escheat fails completely.