To be tabled in ongoing Assembly session
PANAJI
The State government is set to table a bill to enact a new law to take custody of unclaimed properties with the State reporting several cases of land grab. The bill, titled “The Goa Escheats, Forfeitures, and Bona Vacantia Bill, 2024,” explains that the property includes assets transferred to the state through processes such as escheat (automatic transfer due to intestacy without heirs), lapse (expiration of rights), bona vacantia (ownerless property) or forfeiture.
Approved by the cabinet on Wednesday, the bill proposes to make provisions for the administration, development, control, custody, management, supervision, and disposal of escheats, lapsed, or unclaimed property in the State and for matters incidental thereto.
It explains that whenever any competent authority discovers or receives information from any source that any person has died intestate and without any legal heir while the property is lying within their jurisdiction, they shall initiate an inquiry to ascertain the case as part of a preliminary inquiry. If the government receives any claim within the specified time, the case shall be disposed of within four months after holding an inquiry. Any aggrieved person is also allowed to appeal against the order of the competent authority, however, within three months of the decision notice.
For abandoned and unclaimed properties too, the government proposes to hold an inquiry while also publishing notices in the media, as a procedure. “If no claim is received within the time allowed and neither contested by any, the property would be handed over to the government,” it said. The Bill will be tabled this ongoing session of the assembly.
Key definitions
Escheat: Automatic transfer of property to the State when someone dies without any legal heirs according to his personal law including the circumstances mentioned in Section 3 of the bill
Escheated property: any movable or immovable property such as land, building or other real or personal property or any interest, legal or equitable in it, which has vested or having become vested or shall vest in the State government by escheat or lapse, or as bona vacantia under the provisions of the bill
Bona Vacantia: any property in the State of which there is no rightful owner, but does not include an escheat or any movable property found in public place.
Unclaimed property: any movable or any article or treasure trove of any description which is forfeited or having become forfeited or shall forfeit to the State government.
Bill: structured process for State government to manage and dispose of properties without rightful claimants, ensuring die process for potential claimants while safeguarding the interests of the State.
