HC Deb 30 June 1896 vol 42 c386
MR. HERBERT LEWIS

I beg to ask the noble Lord the Secretary of State for India—(1) whether there is any and, if so what, difference between the law as to lapse and escheat in British India and Native India; (2) what are the conditions required to constitute respectively a lapse or escheat in India such as to vest the territory so lapsing or escheating in the British Government; and, (3) whether, in the event of any of the present ruling Princes and Chiefs in India dying without male issue the law of lapse and escheat as prevailing in India or this country would apply?

THE SECRETARY OF STATE FOR INDIA (Lord GEORGE HAMILTON,) Middlesex, Ealing

The law as to lapse and escheat in British India rests upon the law administered by the British Courts of Judicature established by legislative enactment. The law in the native States depends upon the native State law and the will of its Prince or chief, and it varies in almost every State. As regards the second and third questions, to answer them would require a legal treatise on the law of escheat, and which I am quite unable to deliver.

MR. HERBERT LEWIS

I beg to ask the Secretary of State for India, how soon he expects to receive the information, which he has requested the Government of India to furnish, with reference to the Return relating to lapsed estates in India, moved on the 19th instant?

LORD GEORGE HAMILTON

My reference to the Government of India on the subject of the notice put down by the hon. Member on the 18th June went by last week's mail, but I do not expect to receive a reply before the end of August.