Collector of Masulipatam v. Cavaly Venkata Narrainapah
Rule established
The doctrine of bona vacantia applies in India. Property of a person who dies intestate without any heirs devolves upon the State as the ultimate owner, not by way of inheritance but by virtue of sovereignty. The State takes as sovereign, not as heir.
Facts
- A Hindu resident of Masulipatam died intestate without any legal heirs
- Considerable immovable property was left behind
- Collector sought possession on behalf of the Crown
- Respondent (distant claimant) contested, asserting kinship
Issue
- Whether the State can claim property of a person who dies without heirs, and on what basis.
Held
- Doctrine of bona vacantia applies: property without an owner vests in the sovereign
- The State takes as sovereign (ultimate lord of all lands), not as heir by succession
- Distinction between escheat (feudal, applies to immovable) and bona vacantia (applies to movable and immovable)
- Crown's claim upheld
Ratio Decidendi
Where a person dies intestate and without heirs, the property devolves on the State under the doctrine of bona vacantia. The State's title rests on sovereignty, not on any rule of inheritance. This principle applies to all property (movable and immovable) of a heirless deceased person.
How to use it in an exam
- Leading Privy Council authority on bona vacantia in India
- Distinguishes escheat (feudal) from bona vacantia (sovereign right)
- Stock citation for Land Laws Part A and Part B
- Key line: "In Collector of Masulipatam v. Cavaly Venkata (1867), the Privy Council held that property of a heirless intestate devolves on the State by virtue of sovereignty under the doctrine of bona vacantia, not by way of inheritance."
Source
Source: (1867) 8 MIA 529 (Privy Council)
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.