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august 2019

Supreme Court of India · 2019-08-28

THE STATE OF RAJASTHAN AND ORS. vs LORD NORTHBOOK AND ORS.

Citation / case number
SC 2016/41174
Court
Supreme Court of India
Petitioner
THE STATE OF RAJASTHAN AND ORS.
Respondent
LORD NORTHBOOK AND ORS.
Author
HON'BLE MRS. JUSTICE R. BANUMATHI

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the orders issued under the Rajasthan Escheats Regulation Act, 1956, regarding the properties of Sh. Raja Sardar Singh, who died intestate and without legal heirs. The Court emphasized that the existence of a valid Will and the establishment of the Khetri Trust, which was created by the deceased, were crucial in determining the rightful ownership of the properties. The Court clarified that the properties should not be taken over by the State as escheats since they were bequeathed to the trust, thereby affirming the legal principle that a valid testamentary disposition supersedes state claims under escheat laws.

THE STATE OF RAJASTHAN AND ORS. vs LORD NORTHBOOK AND ORS. · Niyam