The Accidental Activist - Land Ahoy! By Venita Coelho
I have been helping a friend with selling her property, and it has been quite a revelation. It makes me wonder how I ever managed to buy my little piece of paradise. I wandered into the sale all wet behind the ears and dewy eyed. I had no idea what papers I should ask for or what I should check. Somehow everything came together. But this time around I am getting a long hard look at what should actually go into the purchase/ selling of property if you want to be completely safe. And so for all of you who might benefit here is a list of all the papers that you need in place and sorted if you want a clean, safe transaction.
Since land sale in Goa is complicated by the Portuguese connection, first you need all the available Portuguese papers. These are – Matriz Predial (Old Portuguese Land Document), The Cadastral Survey Plan (Old Survey Plan) and the Registo de Agrimesura ( Old Surveyors Register). Then you need the papers that come with the Survey done in 1971. You will need the Survey Plan and the Form I & IIV. You will need to be sure that there are no tenancy or other claims. For this you need to get the Title documents which clarify who actually owns the land. These can be any of the following: Gift deed/ Sale deed/ Will/ Succession deed/ Relinquishment deed/ Inventory. You will also need to trace how the title came to the current owner. It is crucial that the person selling also be the one who has his name on the House Tax and Land Tax Receipts, otherwise you could end up with yet another claimant. While you’re at it, also get the water bill and the electricity bill and check who’s name is on it.
You better get all the details of any litigation that is currently on for the property. This should include details of any cases filed by the Panchayat. You don’t want to buy a house and then discover that it is illegal and awaiting demolition. And to be sure that the house is fully above board, you need a whole list of documents. You will need the approved plan from the PDA/ the Panchayat records and the Town Planning Department. Check that what has been built matches the approved plan. If there are further later additions, you need to be sure that these too have their permissions and are legal. You should have a copy of the construction licence and permissions. Also a copy of the Conversion Sanad. If the land has been converted, you will need the details of the conversion, otherwise the details of the zoning that it falls into under the Town Planning Act. Is it indeed settlement, or are you being fobbed off with orchard or agricultural land? Lastly you will need the Completion Certificate of the Architect, and the Occupancy certificate issued by the Panchayat.
If your land is close to the river or the sea, you better get the details of the distance from the High Tide line. In these days of CRZ laws, this is quite crucial. You will need to check if any part of the land has a slope of more than 25%. You will be unable to build on this part under the current rules. Also check if the property will require any part of it filled up, or is defined as low lying. All this is crucial for future building constructions. Also, for any house it is important to have the access details. Who exactly does that access land belong to? You don’t want to discover the hard way that it belongs to a neighbor who has plans to put up a five story building right in front of your house and leave you no way to get into your front door.
In these days of uncertainity over the status of land bought by foreigners, it would be best to consult a lawyer for special advice if the seller is a foreign national.
If there is a bank loan or mortgage on the property, you will need all the papers of that as well.
I have heard just too many horror stories of land sold without the proper papers and all the resultant chaos and confusion. If you are buying your piece of paradise – make sure it comes with all the appropriate documents. It’s a long hard haul getting all the papers together, but worth it. And one last piece of advice – if you are an activist, make sure you have every single piece of paper! When the big guns try to get you, or the Panchayat decides to make your life hell – it’s nice to know that you have all the documentation needed to tell them where they get off. (ENDS)
================================================== First published in the Herald, Goa - July 20, 2010 * * * IS YOURS one of the stories of Goans on board the S.S. Dwarka, or at the Strait of Hormuz, Basra or Bahrain, Dubai, Swindon, Mombasa, Poona or Rangoon? Selma Carvalho's new book *Into the Diaspora Wilderness* docks at many other ports. Get your copy from Broadways, Panjim [9822488564] Rs 295. P&p extra. http://selmacarvalho.squarespace.com/
