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Supreme Court of India 2017-09-22 allowed

Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust Thr. Velji Devshi Patel vs Collector, Haridwar & Ors

Bench: 2 — D.Y. Chandrachud

In Brief

A trust managing charitable property at Haridwar claimed ownership through a will executed by its founder. The state's Collector declared the property vested in government, claiming the original owner died without heirs. The Supreme Court held that a Collector lacks jurisdiction to adjudicate title disputes or determine escheat claims—these require civil court proceedings. The court emphasized that escheat is exceptional, requiring the state to prove absolute absence of heirs through proper judicial process. Administrative officers cannot assume adjudicatory powers reserved to courts, particularly when the state itself claims the property. The Court set aside the Collector's order and allowed the trust's appeal, protecting the principle that private title disputes must be resolved in civil courts, not administrative forums.

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Administrative Law Property Law Succession and Inheritance Trusts and Charitable Institutions Jurisdiction Escheat Religious Endowments

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