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  • Category: Miscellaneous

    The treasure hidden under one's own field belongs to whom-the government or individual himself?

    Many times we see a farmer as he is digging his own field found hidden treasure in metal pots and they contained full of gold and silver coins. Some times we find lakhs rupees valuable diamonds hidden under the earth. Some of them try to sold them out to cash the value for return. In that process people are caught by police for this illegal activity. In fact if any individual if they find some valuable things hidden under their field and if they found out during digging they have to submit such valuable things to police. Is there any justifiable reason for this? If the field is one's own individual and one has the right to enjoy everything in it? But why this special rule of surrendering valuable things hidden under his field to government ? Is there any justifiable reason for it?
  • #698564
    As per the law if it is less than 100 years old the it goes to the owner of the land who has found it but if someone claims that he has hidden it there and gives a proof in the court of law then it is to be divided between the two. This is the common understanding but now Govt is going to change many of these old laws and I am not sure about the latest situation in the matter. If it is more than 100 years old then probably Govt would ask ASI to take care of that as those could be of archaeological importance for the country. The determination of the age of the items in treasure is also a point to be understood as based on that only the owner of land would get it.
    Knowledge is power.

  • #698593
    There is an Act called the Indian Treasure Trove Act, 1878. As per this, a treasure is "anything of any value hidden in the soil, or in anything affixed thereto".
    If we find anything like this what are the actions to be taken?
    1. The founder has to inform the collector.
    2. The collector has to conduct an enquiry and find out who kept it there and how it was discovered. He has to give a publication about this property in the newspapers. If nobody claims except the founder the treasure will go to the founder. If there is an owner and if he claims, the total amount will be distributed equally between them. If more people are claiming then the matter will go to civil court and it will be settled as per the court verdict.
    If the treasure is older than 100 years this matter will go under The Antiquities and Art Treasures Act, 1972
    and the central government will take the course of action as the treasure will be declared as antiquity.

    always confident

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