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State of Kerala - Section

Section 10 in Kerala Escheats and Forfeitures Act, 1964

10. Taking possession by Collector.

(1)Notwithstanding anything contained in section 5 to 9 (both inclusive), the Collector may, if satisfied after the inquiry under section 4 that the person in possession of any movable or immovable property died intestate and without legal heirs, take possession of such property, provided that the property is not in the possession of any person or the person in possession does not offer any opposition. If there is opposition and there is no risk of the property being damaged by the delay in taking possession thereof and arranging for its care and maintenance, the person may be left in possession until the claim is finally settled. If there is risk of damage, the Collector may file a suit in the court to establish the right of the Government and take possession of the same.
(2)The property taken possession of under sub-section (1) shall be managed by the Government in the manner prescribed :Provided that the Collector may dispose of any perishable property by public auction in the manner prescribed at any time after taking possession under sub-section (1).