CourtMesh

Section 9: Dz~posal of escheats

The Kerala Escheats and Forfeitures Act, 1964 (No.4 of 1964)State Act of Kerala · Act 4 of 1964

( 1) In the case of escheats wh1ch are movable property, the Collector shall take steps for the sale of the pro­ perty by public auction in the manner prescnbed, the sale proceeds being credited to the Government ..

(2) Escheats which arc 1mmovablc property shall be d1sposed of in accordance w1th 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 ordinanly be sold untll 1t has been in the possession of the Govern· ment for twelve years or more.

· l 0. Taking possesszon by Collector -( 1) Notwithstandmg anything contained in sections 5 to 9 (both mclusive), the Collector may, if satisfied after the inquiry under section 4 that the person in possesswn of any movable or immovable property d1ed mtestate and w1thout I ega! heirs, take pos~ess10n 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 nsk of the property being damaged by the delay in takmg possessiOn there­ of and arranging for its care and mamtenancc, the person may be left in possession until the claim ~~ finally settled. If there is nsk of damage, the Collector may file a suit m the court to estabhsh the nght of the Government and take possession of the same.

~0

(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 (I).

II . Saving of rights to sue.-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.

CHAPTER III UNCLAIMED PROPERTY

12. Polzce to take charge of unclaimed propertus found tn publtc places.­ Any article found in a public place, the owner of which is not known, shall be taken charge of by any police /officer who shall send them for disposal to the Collector.

Where this provision sits

ActThe Kerala Escheats and Forfeitures Act, 1964 (No.4 of 1964)
Section9
Marginal noteDz~posal of escheats
JurisdictionState of Kerala
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Kerala Escheats and Forfeitures Act, 1964 (No.4 of 1964) is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.