(1) Where, as a result of the inquiry under section 7, the local officer is satisfied that the property of the nature of an escheat or a bona vacantia is in the possession of a person who has no authority to claim it and if such person resists to surrender such possession on demand, the local officer may, after obtaining the sanction of the competent authority, institute a suit in a court for declaration of the Government’s right to the property and for recovery of possession of such property.
(2) Where the court has declared that the property is an escheat or a bona vacantia, the local officer shall obtain the possession thereof through the court and manage it or dispose it of in such manner as may be prescribed.
9. Where the property of the nature of an escheat or a bona vacantia is not in the possession of any person or where the person in possession surrenders such possession when demanded, the local officer shall take the property into his custody and arrange for its care and maintenance until the claim is settled under section 11.
Inquiry relating to escheat or bona vacantia by local officer.
Local officer to institute a suit for recovery of possession of escheat or bona vacantia when the person in possession resists.
Local officer to take into custody and to arrange for care and maintenance of property which is not in the possession of any person or its possession is surrendered.
[Act No.35 of 1974] 5