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Section 13 of The Indian Treasure-trove Act, 1878

When a declaration has been made as aforesaid in respect of any treasure, and two or more persons have appeared as aforesaid and each of them claimed as owner of the place where such treasure was found, or the right of any person who has so appeared and claimed is disputed by the finder of such treasure, the Collector shall retain such treasure and shall make an order staying his proceedings with a view to the matter being enquired into and determined by a Civil Court.

Summary

This section applies after the Collector has already declared a treasure to be ownerless.
It is used when two or more people claim they are the owner of the place where the treasure was found.
It also applies if the person who found the treasure disputes the claim of someone who says they own the land.
The Collector must keep the treasure and stop all of their own legal proceedings regarding it.
The Collector will wait while a Civil Court decides who the true owner of the land is.

Practical examples

1Arjun finds old silver coins in a field in June 2026. Mr. Gupta says the land is his, but Ms. Sharma also claims she owns it. The Collector stops the case and holds the coins until a court decides between Gupta and Sharma.

2Rahul finds a bronze statue on a plot of land. The landlord, Mr. Khan, claims it, but Rahul says Mr. Khan does not actually own that specific spot. The Collector stays the proceedings and keeps the statue while they wait for a court ruling.

FAQ

1. When does the Collector stop the proceedings?

The Collector stops when two or more people claim the land or when the finder disputes a land owner's claim.

2. What happens to the treasure during the delay?

The Collector is required to retain the treasure until the court makes a decision.

3. Does this happen before or after the treasure is declared ownerless?

It happens after the treasure has been declared ownerless by the Collector.

Test yourself

Q1.Under Section 13 of The Indian Treasure-trove Act, 1878, what must the Collector do if two different people claim to own the place where treasure was found?

Q2.According to Section 13 of The Indian Treasure-trove Act, 1878, what must happen before the Collector stays proceedings due to a land dispute?

Q3.Under Section 13 of The Indian Treasure-trove Act, 1878, who decides the ownership of the place where treasure was found if there is a dispute?

Q4.If the finder of treasure disputes the right of a person claiming to own the land, what action does Section 13 of The Indian Treasure-trove Act, 1878, require?

Q5.Does the Collector give the treasure to the Civil Court under Section 13 of The Indian Treasure-trove Act, 1878?

12PreviousSection 12 When only one such person claims and his claim is not disputed,treasure to be divided,and shares to be delivered to parties.14NextSection 14 Settlement of such dispute.

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