SGPIAG/2003-04/09                                
06.09.2003
To,

Chief Secretary,
Govt. of Goa
Secretariat 
Panaji - GOA
***********

This refers to the points raised  at the NRI
Facilitation Centre meet held on 14.8.2003 at EDC
Conference Office wherein it was stated that :

NRI - Goans complain that their land/houses are either
encroached upon/tresspassed illegally occupied and
that the  unauthorised occupants have even succeeded
in getting the property transferred,vide Agreement of
Sale and  Deed of Conveyance which are more often
merely  NOTORISED and  in some cases even documents
that have been  registered in the Office of the
Sub-Registrar or in the Survey Department suffer
deficiency.  

(It may be noted that unlike the Portuguese law on
notorising documents the Indian law is merely 
attestation without ascertaining the veracity of the
parties or the object of consideration. One   can
easily NOTORISE  the Sale of any government building
and no questions will be asked as to the titles of the
seller)

Further the entries on the Record of Rights  and
mutation have been effected by these persons and there
are inumerable disputed cases which are never disposed
off 
though they have changed hands several times.

All this  is apparently either because of a loop-hole
in the law or because these government officials in
the Revenue department are aware that the onus of
proving the adverse possession lies in the landowner
and only a long drawn litigation from subordinate
court to the Apex Court can redress this grievance but
eventually demoralises the NRI who end up in
frustration and abandon these lands.

They further state and rightly so   that while the
Portuguese laws in such matters were full proof; it is
only after the introduction of the Transfer of
Property Act 1952 in Goa in November 1964 and
thereafter with the Cadastral Survey in 1972 that
there was a lax in the rules with full political
patronage.   Some of the elceted representatives past
and present are themselves beneficiaries of these
loopholes.

 The Mundcar Act and the Land to the Tiller Act would
not bring such pathological animosity as it exists
today as seen from the piling of long drawn cases and
costly litigation between the landowner and the tiller
or the mundcar if the Land ceiling Act was enacted. 

Another complaint is that the persons appointed  as
Surveyors or  Talathis, Mamlatdars are non goans  etc
who were either surplus staff or not conversant with
the Portuguese  land revenue reforms and this has
created avoidable problems  

Today it is seen that  mutation or entries in the
Record of Rights are done arbitarily sometimes the
supporting documents are not relied upon and most
cases are completed in absentia.  A mere public notice
will suffice as deemed notice irrespective of whether
the owner is in India or abroad.


Even  the Nil Certificate of Encumberance insisted
upon since 1/11/1964 till the date of   mortgage or
conveyance has no meaning because in the absence of
the history of transactions being recorded in the Land
Register the veracity of the Certificate could be
relied upon till the last entry on these books. 

Several landowners who religiously pay their property
tax and continue to do so are shocked to note that the
records are not available with the local bodies and
one is asked to furnish the last reciept as proof
thereof for payment of arrears.

Another major flaw is that while the landowner can
ascertain his title with documents, merely because of
a false entry on the records made by the authorities
at the behest of the encroacher or tresspaser the
landowner has to resort to the litigation to etch out
that name which cause mental agony and financial
losses.

The liberal patronage by successive post Liberation
Governments to regularise the illegalities owing to
political expediency has further dismayed the
landowners as is now being done in the case of illegal
constructions since June 2000 on Communidade land
which otherwise would not stand the legal test.

Further even where houses were entrusted to the
caretaker, the rent control act is the only available
recourse to evict or after falsifying documents of
power water and house tax  they claim to be legal
owners.

Since NRIs families are a dispersed in almost all
parts of the world it is difficult to co-ordinate and
resort to litigations due to changed citizenships of
some of the co-owners.

 After the gulf boom in the early 70's  and more
recently with the joint families shrinking into
nuclear families fragmentation of land has been rapid
and so the vicious circle that has sucked the blood of
the NRI Goans.

Suggestions:


In their  considered opinion they  feel that if the 
Land Registration Number Record books are maintained
as per pre-Liberation practice much of these problems
could be solved. 

It may be noted that this Register  carries the
earlier narration on the parties involved, amount of
transaction involved in the  mortagage records etc 
The title right from ancestors and how it devolved to
the present owner  

Non Resident Indians ( Goans) who have been so
dispossessed of their properties would prefer to
enlist themselves on a specially created register, on
payment of a fee of Rs.1000/-  maintained by the NRI
Facilitation Centre. 

A separate search/investigation  fee could be levied
for retrieving all the relevant documents including
preparing a brief for each such case on CD Roms and
settlement of disputes.

Ex-Revenue officials could be empanelled by the NRI
Facilitation Centre  in each Taluka to attend to these
matters.

Where the matters are subjudiced these matters could
be brought under specially appointed quasi judicial
authorities or the Fast track courts for expeditious
disposal of thecases. The priority to be decided upon
the merits of each case.

In the case of immovable property yet NOT ENCUMBERED 
they would prefer to submit details of the  title
deeds and relevant documentation in CD Rom and such
properties hosted on a website  of the Goa Government
so that  parties could be forewarned by way of
abundant caution in the event of illegal conveyance
etc.

The list of such properties must also  be sent to the
Land Registration Office and other Revenue authorities
viz; Settlement and Land records also  the District
Registrar Village Panchayats, Municipalities, Town &
Country Planning Offices, Planning Development
Authorities
so that transactions pertaining to these properties
are double checked.

The Government may also enact suitable legislation to
plug the loop holes by constituting a body of legal
experts land revenue officials and affected NRIs Goans
 to amend the Goa Land Revenue Code etc 

We trust that the views collated from the NRI Goans
and those resident within India but outside Goa will
be deliberated further.

Thanking you.

for SOUTH GOA PUBLIC INTEREST ACTION GROUP

Terence Mazarelo
PRESIDENT (SGPIAG)































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