PANAJI
The law by which the State will take over land and property left "inter-state" or with no legal heirs -- the Goa Escheats, Forfeiture and Bona Vacantia Act, 2024, has come into force from July 10.
A 12-page gazette notification was issued by Under Secretary (Revenue-I) Vrushika Khautankar which also includes the rules that will govern the process to identify such no-man's land and subsequently conduct the proceedings for the formal takeover.
The Deputy Collectors of each sub-division (taluka) have been designated as the "Competent Authority" to conduct these proceedings.
Also, the Additional Collector-I of both the districts will be the 'Appellate Authority' to adjudicate any challenges of the proceedings conducted by the Deputy Collectors (Competent Authority) and the orders issued thereof, the rules provide.
Talathis and mamlatdars will be crucial officials on the ground to identify land and estates of immovable property left 'inter-state' (without legal heirs) and report it to the Deputy Collectors (Competent Authority).
"Whenever a Talathi comes to know or receives information from any source that any person in possession of any property, lying within his jurisdiction, has died intestate and without legal heirs he shall report the fact immediately to the Mamlatdar," the rules state.
The mamlatdar is then mandated to report the same immediately to the Deputy Collector (Competent Authority) who will record the report on a register in a specified 'Form I' and again direct the mamlatdar to conduct a thorough enquiry, including a site inspection and file his report within seven days. For this exercise the mamlatdar is required to take the assistance of the talathi of the concerned 'saza' (village), field surveyors attached to his office, neighbours of the deceased land/estate owner and two "respectable citizens".
On receiving the mamlatdar's report, the Deputy Collector (Competent Authority) must satisfy himself that the deceased person has indeed died intestate and without legal heirs to eventually "take possession of such property."
A list of properties thus taken possession of must be forwarded to the Collector, Director of Settlement and Land Records, Mamlatdars, Sub-Registrars of Registration Department, Local bodies, Town and Country Planning Department with directions not to grant any mutation/partition/conversion, development permission, construction license etc. without approval of the Competent Authority.
The rules also provide for publication of notice of the death of the person who is intestate and without heirs and that prima facie it is a case of escheat and the procedure to be adopted for inquiry and investigation when there are claims against declaration of any property as escheats property.
Other matters mentioned in the rules include the maintenance of the property taken into possession, including account books, title-deeds and other valuable documents, by the Competent Authority and also to take steps to mutate the name of the Government in the Records of Rights.
The challenges to any action or decision of the Competent Authorities will lie before the Appellate Authority which is the Additional Collector-I of each of the two districts.
Interestingly, the rules permit the leasing out of the escheated properties. The properties can also be sold by a public auction, but only after such escheated properties have been in the possession of the government for at least 10 years. Detailed procedures to be followed for leasing or selling such properties by auction have also been laid down in the rules.
Meanwhile, the Deputy Collector is mandated to maintain a separate account of the property of which possession has been taken by him and also record the receipts and expenditure incurred. These records are to be inspected and audited in a manner the State government may designate, the rules state.
