-:FINDER OF GOODS:-
Section 71 of the Indian Contract Act 1872 says that A person who finds property belonging to another and places it in his custody is subject to the same responsibility as a depositary or bailee. The finder of goods has special privileges under the law. You have the right to retain property against everyone except the true owner of the property. It is, therefore, as a custodian of the assets or goods found by him for and on behalf of the true owner. As you find the owner, you should return the goods to him. You have to take all reasonable steps to find the true owner.
The following are the Rights and Liabilities of the Finder of goods:
RIGHTS:-
Sections 168 and 169 confer certain rights on the property seeker.
• SECTION 168: MAY BE SENT BY SPECIFIC REWARD OFFERED
The property seeker has no right to sue the owner for compensation for problems and expenses voluntarily incurred by him to preserve the property and find out the owner, but may hold the property against the owner until such compensation is received, and where the owner has offered a specific reward for the return of the lost goods, the seeker can sue for such a reward and can retain the goods until he receives them.
• RIGHT OF LIEN
Pursuant to section 168, a property seeker has no right to sue the owner for problems and expenses voluntarily incurred by him to preserve the property and find the owner. However, you have the right of particular lien with respect to those goods. You can hold the assets against the owner until you receive compensation for problems and expenses voluntarily incurred by the owner to preserve the assets and find the owner.
[Until such time as the property finder is reimbursed with the amount of expenses incurred by him, he may keep the property in his possession. This right is available against the true owner until the property finder receives compensation for the expenses and problems incurred by him in finding the true owner and preserving the property. However, you have no right to sue the real owner for compensation.]
• RIGHT TO CLAIM THE REWARD, IF THE OWNER ANNOUNCES IT
It has been previously noted that the seeker has the right to retain the property until compensation is paid for problems and expenses voluntarily incurred by him to preserve the property and find the owner. In addition to that, when the owner has offered a specific reward for the return of the lost goods, the seeker can sue for the said reward and can also retain the goods until he receives them.
If the goods have already been found voluntarily, and then the owner of the goods promises to compensate the seeker for his past voluntary services, the contract is binding and the owner is obligated to pay the promised amount.
• SECTION 169 - WHEN THE FINDER OF THINGS FOR SALE CAN SELL IT:
When a commonly sold item is lost, if the owner cannot find it with reasonable diligence, or refuses to pay, pay the search engine's legal fee, the search engine can sell it.
1. When the thing is in danger of perishing or losing most of its value,
2. When the legal burden of the search engine, regarding the found thing amounts to two thirds of its value,
• RIGHT TO SELL FOUND PROPERTIES (SEC.169)
The property seeker has also been given the right to sell the goods found by him under certain circumstances mentioned in section 169.
An asset finder can sell the assets found in the following circumstances:
• Where the true owner can be found with reasonable diligence.
• Found goods are those that are commonly sold.
• The thing is in danger of perishing or losing most of its value.
• When the legal charges for the preservation and search of the assets are equal to two thirds of the value of the thing.
Responsibility or Liabilities :-
The responsibility of a lost property seeker or finder of goods has been established by section 71 of the Contract Law, 1872, which establishes that "a person who finds property that belongs to another and takes it into his custody, is subject to the same responsibility as the depositary. " A finder of the goods is subject to the same responsibilities and obligations as the depositary of the goods. You must have the same degree of care and caution with respect to the found goods as the concessionaire with respect to the salvaged goods. The person who finds property belonging to another has the right to retain the property against the owner until he receives compensation from him. You have the right to levy against the property for the expenses you incurred to preserve the property in safe custody, but this does not give you the right to sue the seeker for the problems and expenses incurred by him. You can sue the owner for the reward where a specific reward has been offered. The goods seeker is entitled to their possession against everyone except the true owner. Thus, for example, X picked up a diamond on Y's store floor and gave it to Y for safekeeping. Despite extensive newspaper announcements, no one appeared to claim him. After some time, X offered Y the advertising and indemnity costs and asked him to return the diamond; but Y refused to do it. And he was held responsible for damages; and X had the right to obtain possession and retain the good against everyone except the true owner. If a seeker dishonestly appropriates for his own use when he knows the owner or has the means to discover the true owner, he is guilty of criminal misappropriation of the property. But when he takes the property for the purpose of protecting or restoring it. for the owner, he is not guilty of any crime.
In addition, a person who, when finding lost property, takes charge of the property, is called a lost property search engine, and his position is that of depositary of property (art. 171 of the Contract Law, 1872). The seeker has an obligation to care for the goods as a man of ordinary prudence would, in similar circumstances, of his own goods. Second, you are obliged to return the goods to the true owner. These are the quasi-contractual obligations of a property seeker.
Duties of Finder of goods or the property seeker :-
The duties and obligations of a property seeker are dealt with on a par with the assignee. Therefore, the position of the seeker has been considered together with the deposit. As the bandit is considered, the bandit's duties under the bail contract are the duties of the property seeker as follows:
Taking care of the goods: the main duty of a dealer is to take care of both the salvaged goods and a reasonable and prudent man will take care of his own goods. According to English law, there are three degrees of negligence and three degrees of diligence that the depositary can exercise according to the circumstances of each case. But according to Indian law, there is only one standard of diligence or care and it is the care of a reasonable or prudent man to be exercised by the assignee, whether the rescue contract is free or not free (Sec. 151).
Bailee must not make unauthorized use of the collected assets: Section 154 establishes the responsibility of a transferee who makes unauthorized use of the salvaged assets. The responsibility for the unauthorized use of the goods arises even if the depositary is not guilty of negligence during use and even if the damage is the result of an accident.
Bailee must not rescue assets with other assets: it is the duty of the concessionaire not to mix the assets of the bailor with their own assets. If the assignee mixes his own assets with those of the surety, the following rules will apply: (a) If the assignee mixes the assets of the surety with his own assets with the consent of the surety, the trust and the trust will have an interest proportional to their respective actions in the mixture (Sec. 155). (b If the salvaged assets have been mixed with their own assets without the guarantor's consent, and the assets are separable or divisible, "the ownership of the assets remains in the parties respectively; but the depositary shall bear the costs of separation or division and any damage arising from the mixture (Sec. 156). (c) If the mixture is without consent and is inseparable and, therefore, the salvaged property cannot be returned, the depositary must compensate the deposit for the loss of property. .
Duty to return the salvaged property: it is the duty of the beneficiary to return or deliver the property in accordance with the instructions of the lessor at the expiration of the redemption period or when the purpose has been fulfilled. However, if the assignee does not comply with the return or tender of the assets at the appropriate time for the bond, he will be responsible "for any loss, destruction or deterioration of the assets at that time" as insurer (Sec. 161).
Duty to return the increase in assets collected: Section 163 of the Law establishes that, “in the absence of a contract to the contrary, the beneficiary is obliged to deliver to the trust or in accordance with its instructions, any increase or benefit that it may have accumulated of the rescued assets ".
Duty not to establish Jus Tertii: It is the duty of the concessionaire not to establish an adverse title on the goods when the agent requests it. The property finder is not responsible for forwarding to the untitled owner.
Conclusion:
From the above analysis, it implies that the legal position of the search for lost property under the Contract Law is so similar to the position of the depositary although the rescue contract arises from a contract for some purpose but not the search for Lost property. Literally, their position is a mere custodian of the assets. Neither can he dishonestly appropriate his own use, nor can he transfer it to anyone for his personal gain. You are required by law to properly care for the property until the true owner is found.
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Meaning of Finder of Goods in Hindi
भारतीय अनुबंध अधिनियम 1872 की धारा 71 में कहा गया है कि एक व्यक्ति जो दूसरे से संबंधित संपत्ति पाता है और उसे अपनी हिरासत में रखता है, उसी जिम्मेदारी के अधीन है जो एक जमा या जमानत के रूप में है। माल के खोजक के पास कानून के तहत विशेष विशेषाधिकार हैं। आपके पास संपत्ति के असली मालिक को छोड़कर सभी के खिलाफ संपत्ति बनाए रखने का अधिकार है। इसलिए, यह उसके लिए और सच्चे मालिक की ओर से मिली संपत्ति या वस्तुओं के संरक्षक के रूप में है। जैसा कि आप मालिक को ढूंढते हैं, आपको सामान वापस करना चाहिए। असली मालिक को खोजने के लिए आपको सभी उचित कदम उठाने होंगे।
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