What If You Find Buried Treasure Somewhere In India?

In 2018, some laborers at Hareenahalli village near Mysuru found a pot of British-era coins while digging. They weighed around 11 grams each with a face value of rupees 1 dated back to the 19th century.

According to the laws of India, they would have had a share of the treasure they found. However, the government decided to take away the entire pot as a penalty for breaking the Treasure Trove Act of India. There have been numerous cases like this where people lost their shares by running away.

Thus, it becomes essential for people to understand the laws regarding any money found buried underneath the soil of our country. All the laws regarding the money found buried under this land are compiled under the Treasure Trove Act, 1878.

The Act states that If the finder and the person claiming the treasure have not reached an agreement on how to dispose of it, three-quarters of the wealth will go to the finder, and the rest will go to the person claiming it (Section 12). Moreover, if the land has no owner or he has abandoned the property, then the treasure would go to the finder. (Section 11).

However, the Hon'ble Patna High Court, in the case of S.Iqbal Singh Chadha v. Collector Hoshiarpur, stated that the provisions of Section 11 and Section 12 can only be invoked if the land is declared to be ownerless.

Nonetheless, the finder will not get anything if he doesn't report the treasure to the owner of the land. In the aforementioned incident, the laborers lost everything merely because of their unwillingness to report their findings. Whenever a treasure worth more than ten rupees is discovered, the finder must notify the Collector in writing as quickly as possible (Section 4 of the Treasure Trove Act, 1878). This is applicable even when the treasure is discovered in one's own property. The finders have to notify:-

• the nature and amount or approximate value of the treasure

• the location where it was discovered

• the discovery date; and either deposit the treasure in the nearest Government treasury or offer the Collector such security as the Collector may need to produce the treasure from time to time.

After the revenue officials get the information about the money, they follow the required procedures mentioned in the Treasure Trove Act, 1878. If the owner proves his ownership, the discovered money shall go to him. The treasure becomes the property of the government if the ownership is not proven. Hence, the most crucial aspect of the treasure is to prove the kind of ownership anyone has over it.

For a more detailed understanding, refer to the" S. Iqbal Singh Chadha vs Collector, Hoshiarpur, And Anr." case study by clicking the case below.

S. Iqbal Singh Chadha vs Collector, Hoshiarpur And Anr.