Treasure and trove
KANDE VENKATESH GUPTA
(Querist) 03 December 2011
This query is : Resolved
"X" is the owner of a house premises which is in dilapidated condition, having inherited the same from his ancestors. When he is removing thorny bushes, he found some old silver is found underneath the ground. Whether "X" can claim absolute rights over the silver found? Whether the government can claim ownership? If so, what is the procedure?
ajay sethi
(Expert) 03 December 2011
you have found your pot of gold . you will have to intimate the local authorites of your find . you wont get absolute rights over the same . at most you may be enttiled to retain certian share
prabhakar singh
(Expert) 03 December 2011
Please take notice of Indian Treasure Trove Act, 1878 ,according section 4 of this Act you need to give to collector notice and either to deposit that in treasury or to furnish security.
Procedure on finding Treasure
4. Notice by finder of treasure.—Whenever any treasure exceeding in amount or
value ten rupees is found, the finder shall, as soon as practicable, give to the
Collector notice in writing—
(a) of the nature and amount or approximate value of such treasure;
(b) of the place in which it was found;
(c) of the date of the finding:
and either deposit the treasure in the nearest Government Treasury, or give the
Collector such security as the Collector thinks fit, to produce the treasure at such
time and place as be may from time to time require.
prabhakar singh
(Expert) 03 December 2011
5. Notification requiring claimants to appear.—On receiving a notice under section
4, the Collector shall, after making such enquiry (if any) as he thinks fit, to take the
following steps (namely):-
a) he shall publish a notification in such manner as the
1
[Provincial Government]
from time to time prescribes in this behalf, to the effect that, on a certain
date (mentioning it) certain treasure (mentioning its nature; amount and
approximate value) was found in a certain place (mentioning it); and
requiring all persons claiming the treasure, or any part thereof, to appear
personally or by agent before the Collector on a day and at a place therein
mentioned, such day not being earlier than four months, or later than six
months, after the date of the publication of such notification;
b) when the place in which the treasure appears to the Collector to have been
found was at the date of the finding in the possession of some person other
than the finder, the Collector shall also serve on such person a special notice
in writing to the same effect.
prabhakar singh
(Expert) 03 December 2011
6. Forfeiture of right on failure to appear.—Any person having any right to such
treasure or any part thereof, as owner of the place in which it was found or otherwise,
and not appearing as required by the notification issued under section 5, shall forfeit
such right.
7. Matters to be enquired into and determined by the Collector.—On the day
notified under section 5, the Collector shall cause the treasure to be produced before
him, and shall enquire as to and determine—
a) the person by whom, the place in which, and the circumstances under which,
such treasure was found; and
b) as far as is possible, the person by whom, and the circumstances under
which, such treasure was hidden.
8. Time to be allowed for suit by person claiming the treasure.—If, upon an
enquiry made under section 7, the Collector sees reason to believe that the treasure
was hidden, within one hundred years before the date of the finding, by a person
appearing as required by the said notification and claiming such treasure, or by some
other person under whom such person claims, the Collector shall make an order
adjourning the hearing of the case for such period as he deems sufficient, to allow of a
suit being instituted in the Civil Court by the claimant, to establish his right.
9. When treasure may be declared ownerless.—If upon such enquiry the Collector
sees no reason to believe that the treasure was so hidden; or
if, where a period is fixed under section 8, no suit is instituted as aforesaid within
such period to the knowledge of the Collector; or
If such suit is instituted within such period, and the plaintiff’s claim is finally
rejected,
The collector may declare the treasure to be ownerless.
Appeal against such declaration- Any person aggrieved by a declaration
made under this section may appeal against the same within two months from
the date thereof to the Chief Controlling Revenue-authority.
Subject to such appeal, every such declaration shall be final and conclusive.
Rajesh kumar singh
(Expert) 03 December 2011
When a declaration has been made in respect of any treasure as aforesaid, and
no person other than the finder of such treasure has appeared as required by the
notification published under section 5 and claimed a share of the treasure as owner of
the place in which it has been found, the Collector shall deliver such treasure to the
finder thereof.
Indian Treasure Trove Act, 1878 sec 11
KANDE VENKATESH GUPTA
(Querist) 04 December 2011
Respected Prabhakar Singh Ji, Whether the said Act "Indian Treasure Trove Act, 1878" is still on the statute books or is it repealed? I was informed by somebody that the said Act is repealed by Amending Act, 1891(XII of 1891). Kindly clarify me in that regard.
M/s. Y-not legal services
(Expert) 03 December 2011
