Primary law, Tamil Nadu land law

The Army and Air Force (Disposal of Private Property) Act, 1950

In force

Parliament enacted the Army and Air Force (Disposal of Private Property) Act, 1950, Act No. 40 of 1950, dated 28 April 1950, to manage the private property of persons subject to the Army Act, 1950 or the Air Force Act, 1950 who die, desert, are of unsound mind or are officially reported missing on active service. The Act came into force on 22 July 1950 and the supplied text, current as on 21 July 2025, incorporates amendments made in 1957, 1970, 1983 and 2000.

CategoryActs and rules
Effective1 January 1950
Pages10
StatusIn force
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What the Act governs

The Army and Air Force (Disposal of Private Property) Act, 1950 applies throughout India and also applies to Indian citizens and persons subject to the Army Act, 1950 or the Air Force Act, 1950 wherever they may be. It establishes a process for securing and administering private property when such a person dies or deserts, with corresponding provisions listed for persons of unsound mind and those officially reported missing on active service.

The supplied provisions mainly address movable property, money, pay and allowances, service related debts, funeral expenses and the remaining surplus. They do not set out a general process for transferring or verifying land titles in Tamil Nadu.

Who may be affected

The Army and Air Force (Disposal of Private Property) Act, 1950 may affect:

  • Representatives, heirs and dependants of deceased service personnel.
  • Service personnel who desert, and their wives, children or other dependants.
  • Commanding officers and Committees of Adjustment handling estates.
  • Banks, post office savings banks, cooperative banks, societies and other institutions holding money belonging to a deceased person.
  • The Administrator General where the Central Government transfers an estate for administration.

Key provisions

  • For a deceased person or deserter who was not an officer, the commanding officer must secure movable property in camp or quarters, prepare an inventory, draw amounts due and provide for regimental and other debts.
  • For an officer who dies or deserts, these functions are performed by a Committee of Adjustment constituted in the prescribed manner.
  • A commanding officer may require a bank or other deposit taking institution to pay over money held for a deceased person. An institution complying with that requirement is protected from claims concerning the money paid.
  • Property may be delivered to a deceased person's representative if satisfactory security is provided for relevant debts, funeral expenses and estate expenses.
  • Movable property may be sold or converted into money where required. Service debts, estate expenses and applicable funeral expenses are paid before any surplus is distributed.
  • A deserter's surplus is paid to the prescribed person and may be forfeited to the Central Government after three years unless the deserter surrenders or is apprehended. During that period, some or all of it may be paid to the deserter's wife, children or another dependant.
  • The Central Government may direct that a deceased person's estate be handed to a State Administrator General. Regimental and other debts in camp or quarters receive priority, with the remaining surplus payable to heirs where traceable.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Does this Act directly govern the purchase or registration of land in Tamil Nadu?

The supplied provisions do not establish a general process for land purchase, registration or title verification. They primarily deal with movable property, money and estates of specified Army and Air Force personnel.

Who handles the property when an Army or Air Force officer dies?

A Committee of Adjustment constituted in the prescribed manner performs the property administration functions that would otherwise be performed by a commanding officer.

Can a deceased service person's representative receive the property?

Yes. The commanding officer must deliver the property to the representative if the representative provides satisfactory security for applicable service debts, funeral expenses and expenses incurred in administering the estate.

What happens to money remaining from a deserter's property?

The surplus is paid to the prescribed person and may be forfeited to the Central Government after three years unless the deserter has surrendered or been apprehended. During that period, the prescribed person may pay some or all of it to the deserter's wife, children or another dependant.