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Section 11: When only one person claims, and his claim is not disputed, treasure trove to be divided

The Kerala Treasure Trove Act, 1968State Act of Kerala · Act 30 of 1968

(1) When a declaration has been made as aforesaid, in respect of any treasure trove and only one person other than the finder of such treasure trove has so appeared and claimed, and the claim of such person is not disputed by the finder, the Collector shall proceed to divide the treasure trove between the finder and the person so claiming according to the provisions of sub-section (2).

(2) If the finder and the person so claiming have not entered into any agreement then in force as to the disposal of the treasure trove, three-fourths of the treasure trove shall be allotted to such finder and the residue to such person. If such finder and such person have entered into any such agreement, the treasure trove shall be disposed of in accordance with such agreement:

Provided that the Collector may, in any case, if he thinks fit, instead of so dividing the treasure trove,—

(a) allot to either party the whole, or more than his share, of such treasure trove, on such party paying to the Collector for the other party such sum of money as the Collector may fix as the equivalent of the share of such other party or of the excess so allotted, as the case may be; or

(b) sell such treasure trove or any portion thereof by public auction, and divide the sale proceeds between the parties according to the provisions of this sub-section:

Provided further that when the Collector has, by his declaration under sub-section (1) of section 8, rejected any claim made under this Act by any person other than the said finder or person claiming as owner of the place in which the treasure trove was found, such division shall not be made until after the expiration of two months if an appeal has not been presented 6 under sub-section (2) of the said section by the person whose claim has been so rejected, or when an appeal has been so presented, after such appeal has been dismissed.

(3) When the Collector has made a division under this section, he shall deliver to the parties the portions of such treasure trove or the money in lieu thereof, to which they are respectively entitled under such division.

Where this provision sits

ActThe Kerala Treasure Trove Act, 1968
Section11
Marginal noteWhen only one person claims, and his claim is not disputed, treasure trove to be divided
JurisdictionState of Kerala
StatusIn force as published by the source

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