Doctrine of “BONA VACANTIA/ ESCHEAT”

This is a common law doctrine relates to the land law. “Bona Vacantia” (BV) means goods without an owner (i.e. ownerless goods). In legal parlance, BV means ownerless property that passes to the State/ Government. This most often occurs when someone dies intestate and with no living or traceable family. It ensures that the property is not left ownerless. The right to acquire property by way of bona vacantia is not transfer inter-vivios/ intestate transfer (i.e. transfer between living persons) or testate transfer (i.e. transfer by operation of law viz. will/ succession etc.) This doctrine is also known as doctrine of “ESCHEAT” and is based on the attribute of sovereignty. This doctrine is incorporated under Article 296 of the Indian Constitution.