Start networking and exchanging professional insights

Register now or log in to join your professional community.

Follow

What do you mean by "Escheat" in legal sense? Thanks

user-image
Question added by Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad
Date Posted: 2016/09/22
Deleted user
by Deleted user

When their is no legal heir to a property interest and the property is claimed by the state. 

IZELDIN MOHAMED AHMED ELAMIN
by IZELDIN MOHAMED AHMED ELAMIN , Board Member , Police Service Northern Ireland,

As per the US law, "Escheat' means the forfeiture of the whole property of a person to the state treasury in the absence of heirs, descendants or named beneficiaries on the death such a person.

Abdalmeged Alsweedy
by Abdalmeged Alsweedy , Legal Advisor , Abdullah Alomran Lawfirm

The recovery of the State of the deceased funds in the absence of the heir

Amrutha Mididoddi
by Amrutha Mididoddi , Legal Trainee , STA Law Firm

Escheat in legal sense is when the property is attached to the Government, when there is no legal heir to claim the property.

Deleted user
by Deleted user

Escheat is when a property reverts back to the state when a person dies without any heirs or issues. 

Ahmed Mamdouh Abdel-Azim
by Ahmed Mamdouh Abdel-Azim , Lawyer , العطار للاستشارات القانونية

The power of a state to acquire title to property for which there is no owner.

Gayasuddin Mohammed
by Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad

Exactly what our friend Mr. Ahmed answered. Property is always attached with ownership. In case if any property doesn't have any owner means, it belongs to state. therefore the right of state to acquire the property which has no owner is called Escheat. 

Example: If a person died leaving the properties behind, but with no legal heirs even in case of sharia like no sharers, residuaries, distant kindred relations, etc.....in such scenario, those properties belong to State. My 2 cents. Thanks.

More Questions Like This