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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 296
Property accruing by escheat or lapse or as bona vacantia

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Source edition: as on 1 May 2026. Omitted and struck-down reference entries remain labelled. Open the authoritative PDF ↗

Article 296 / Part XII

Property accruing by escheat or lapse or as bona vacantia

included in edition
THE PLAIN-LANGUAGE GUIDE

What does this mean?

Property without a lawful owner through the specified forms of escheat, lapse or bona vacantia vests in the State or Union under the stated territorial and possession rules. It is not a general power to take anyone's existing property.

Taxes, government funds, financial sharing, property, borrowing, contracts and legal proceedings.

PURPOSE & CONTEXT

Why is this provision here?

Public assets and obligations need an identifiable legal owner and rules for government economic activity or litigation. This Article resolves the particular issue described above.

Historical evidence

This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.

The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.

Limits, exceptions & reading carefully

Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.

Read the official constitutional text
296. Property accruing by escheat or lapse or as bona vacantia.— Subject as hereinafter provided, any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union: Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or of a State, vest in the Union or in that State. Explanation.—In this article, the expressions “Ruler” and “Indian State” have the same meanings as in article 363.
Source-page notes · may concern neighbouring Articles

1. Subs. by the Constitution (Fortieth Amendment) Act, 1976, s. 2 (w.e.f. 27-5-1976). 2. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 20 (w.e.f. 1-11-1956).

Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.