LONDON
There are many land grab cases being reported in Goa and this happens in spite of the Succession Act 2012 being in force.
Land grab cases may now be a common scenario after the Goa Escheats, Forfeiture and Bona Vacantia Act, 2024 has been passed, empowering the government to take over properties of individuals who die without legal heirs, and those properties without a rightful owner.
The fact that the Goa government has already identified 60 such properties clearly proves that the Government can take over these private lands and properties. This Act was not required as the Succession Act exists already.
I completely agree with Aldona MLA and Senior Advocate Carlos Ferreira that this Act is an official land grab and Goan properties are in danger especially if people are living and working in foreign countries.
There are many people in the UK for that matter who own property in Goa but might lose their property, if they are not aware that their land is taken over or disposed by the Government by either declaring it as escheat or an abandoned property.
The Act does not clearly mention about the difference in escheat and abandoned property. Both these words have to be defined properly so that they can be interpreted properly in such cases.
TIME LIMIT INSUFFICIENT
The Succession Act gives enough time for any legal heirs to claim their property till the 6th lineage. However, this Goa Escheats, Forfeiture and Bona Vacantia Act, 2024 gives only three months for a rightful owner to file a claim. This time limit is not enough at all because many Goans don’t travel to Goa frequently, if they live and work in foreign countries.
Because of work commitments and financial constraints, majority of the Goans abroad don’t travel to their birthplace frequently. Many Goans might not be able to travel to Goa at the right time and might loose interest to claim the property back after a period of 6 years as they might not have evidence/documents to prove their ownership.
AGAINST PRINCIPLES OF JUSTICE
The Goa Escheats, Forfeiture and Bona Vacantia Act, 2024 Act says finality order cannot be challenged before a Court of Law. This is not a per the principles of justice.
The Court of law will protect the property rights but mere taking possession by the Government by stating that there is no legal heir is not right in the eyes of the law without a proper order or declaration provided while doing so.
The Government cannot manage nor dispose a property without having a proper criteria which should be specifically mentioned in an order or declaration. The burden of proof should not be on the rightful owner to prove that he is the legal heir.
As a practicing lawyer myself in Goa some years before, I feel that this Act is not in the best interests of Goans and we Goans will have to bear the implications of this law.
ESCHEAT IN UK
In other countries like the UK and Portugal, the time limit given to file a claim on unclaimed and abandoned properties is much more compared to this Act in Goa.
Escheat is the passing of an interest in land to the state when a decedent has no will, no heirs, or devisees.
In the UK, Escheat is a common law process which ensures that land in England and Wales is not left without an owner and is instead vested in the Crown if it does become ownerless.
In the UK, unclaimed estates are investigated by the Treasury Solicitor's Department and are eventually either claimed by an heir or become the property of the Crown.
In order to claim an estate, relatives have 12 years to claim after the death of a loved one, but the time limit can be extended to 30 years, if the correct documentation is provided. The Government Legal Department advertises unclaimed estates in the press and on their website, www.bonavacantia.gov.uk. Anyone can claim an estate by contacting the Government's Bona Vacantia division (BVD) and providing proof of their entitlement, such as a birth, marriage, or death certificate.
If no one claims an estate within 30 years, it is removed from the list and becomes the property of the Crown. In Cornwall or Lancaster, the estate goes to the relevant royal Duchy.
The BVD also provides genealogical information on the unclaimed estates list, subject to legal requirements.
As of April 2024, there are almost 6,000 unclaimed estates across the UK. Usually, the Bona Vacantia Division (BVD) will either disclaim or sell Bona Vacantia for full market value. The BVD is unlikely to sell privately to anyone. Any sale is usually at a public auction.
The U.K. Land Registration Act 2002 allows the Treasury Solicitor or the Crown Estate to apply for a restriction to be entered in the register when land escheats.
UNCLAIMED LAND IN PORTUGAL
In Portugal, in case of an unclaimed land, the ownership does not pass on to the Government for 18 years. In case of unclaimed land, the government rents it to the farmers to grow crops on the same under the Bolsa de Terras scheme. If legal heirs can prove their title within a period of 18 years, the rent and other income the Government has received from the land is given back to the legal heirs of the deceased.
LAWS MUST FAVOUR GOANS
It is high time we have laws that are made in favour of Goans. A democratic country enacts laws for the welfare of its people and I think that the land grab Act is not in favour of Goans. It’s time we analyse and, if required, interpret laws from other countries, if in doubt and then, pass Acts like the Goa Escheats, Forfeiture and Bona Vacantia Act,2024.
(The writer was a practicing lawyer in Goa, social activist in the U.K. and Constituency Labour Party Women Officer for Brent West Parliamentary Constituency.)
