The Goa Escheats, Forfeiture and Bona Vacantia Act, 2024’ authorising the government to take over land and property belonging to a deceased person without legal heirs, which came into force in the State last week, has drawn severe criticism from legal luminaries and experts, who opine that the law lacks clarity.
As per the notification, the Talathi and Taluka Mamlatdar will be responsible for identifying land without legal heirs. They will hold an inquiry to determine if there are no legal heirs and then the government will issue a public notice detailing the deceased person and that his/her property will be confiscated by the State government. The government can sell the confiscated property after taking possession for 10 years.
Architect Tulio De Souza, president of Comunidade of Guirim said, “There is no clarity on this law. The basis on which the government can take over possession of such lands and change the titles is absolutely unclear. The only way the government can take over the land is through the Land Acquisition Act and for that the purpose of land acquisition has to be made very clear and compensation is to be paid. The government should be more clear and elaborate on taking over such land, especially from Goans who are not residing in the State and whether such tale over of lands will stand scrutiny of law in the courts.”
Adv Hrudaynath Shirodkar said, “The government cannot take over the properties because they are not the owners. But by notifying the Act, the government is attempting to grab these properties and utilise them for other land uses. There is every possibility that the government will manipulate it and this will lead to chaos. There are already land right issues in the State, which the government has failed to settle.”
Former State Information Commissioner Adv Juino De Souza said, “‘The Goa Escheats, Forfeiture and Bona Vacantia Act, 2024’ may be new and alarming for Goans, however the doctrine of escheats is governed by personal laws and statutory provisions, including the Hindu Succession Act, 1956 and Article 296 of the Indian Constitution which provides that property without a rightful heir reverts to the government, either the Union or the State, depending on where the property is located.”
“It is the bounden duty of the Competent Authority (Deputy Collector) to thoroughly examine and explore each and every such property so as to uncover the true facts with a systematic and detailed approach by gathering and analysing information before arriving at a finding that the property is indeed Escheats and abandoned with total failure of heirs,” he said.
“It is also necessary to conserve and safeguard such property for the benefit of the rightful claimant, who may come later claiming his/her share. Public notices through official gazette and publication in local newspapers will not suffice as thousands of Goans are living abroad and in other parts India, hence global and national public notices will have to be issued. The government should have a dedicated internet portal easily accessible notifying such escheat properties taken into custody,” he said.
According to De Souza, many States have enacted such law including Andhra Pradesh in 1974, Rajasthan in 1956, West Bengal in 2012, Odisha in 1979, Kerala in 1964, etc. “In Goa, we have several old houses in ruins and properties that are not occupied. Does this mean that such properties are escheats and abandoned having no claimants? The onus is on the government to prove the absence of any legal heirs or claimants not only in the State or country but anywhere in the world,” he said.
According to Adv John Samuel, the troubling feature of the Act is its distinction between escheat and the inclusion of “non-escheated” and “abandoned properties”. While escheat property reverting to the State due to lack of heirs is an established legal concept, this Bill’s broad inclusion of “bona vacantia” is alarming. Goans working outside the State now face their land being unceremoniously grabbed.
“This Act bypasses their right to approach a civil court, allowing the executive to take over possession, potentially permanently,” he added.
He said, “Unfortunately, the executive authorities, empowered to ascertain matters and entertain appeals, have often acted at the whims of political considerations, with the High Court repeatedly intervening against illegal orders. No physical notice appears required at the property or attempt required to contact owners based on mutation details. While illegal land grabs thrive, this Act could make the State a middleman, “legally” transferring land from the Goan diaspora to the highest bidder.”
Adv Prashant Borkar of Margao said, “The intention of the government seems to protect these properties given the cases of land grabbings and also to curb land conversions. Even if the government takes over such properties it cannot use it for any other purpose immediately. The government has to first verify owners and if the title documents are not clear then it can take over such properties and keep it in its possession for some years.”
Daryl Da Costa, who has started an ingenious website to help Goans safeguard their properties, said, “Ask Pedru understands there is concern in the community regarding the new law to take over private citizens ancestral properties. In order to help people protect their properties Ask Pedru will collate all such notices on www.askpedru.com. Ask Pedru users are able to set alerts by their village or by their ancestors name. If triggered it will send them a notification, which will allow them to intervene if the government is claiming their ancestors' properties are ‘heirless’.”