सं Samvidhan

The Constitution of India

Article 296

Property accruing by escheat or lapse or as bona vacantia

Why this exists

Before 1950, unclaimed or ownerless property (through escheat, lapse, or as bona vacantia) legally passed to the British Crown or to the Ruler of the princely state where it was located. When India became a republic and princely states merged into the Union, there was no monarch or Ruler left to inherit such property. Article 296 modernises this old common-law and princely-state rule, replacing the Crown/Ruler with the State or Union government as the new default owner, while protecting existing government control arrangements through the proviso.

Common misconceptions
  • Myth: Article 296 lets the government seize any private property it wants.
    Fact: It only applies to property that has genuinely become ownerless — through escheat (no heirs), lapse, or as bona vacantia — not to property with a living, identifiable owner.
  • Myth: All such property automatically goes to the Union government.
    Fact: The default rule sends property to the State where it is located; only property outside any State's territory, or falling under the proviso's government-control exception, goes to the Union.