HOME : BEST OF BOTH WORLDS : MAJOR ISSUES : LAND AND PROPERTY DISPUTES

Description:

It is hard to quite define it…The attachment one has for one's motherland. A number of Goans who have left Indian shores for greener pastures in Canada still feel a yearning to maintain links with the land of their birth…or the land to which their ancestors belonged. So deep is the affection that even though a number of Goans have settled in Canada, most of them have still hung on to that property in the village, city or small town they dream of returning to one day. Real estate and issues pertaining to investments in properties are among the top list of priorities for NRI/NRGs. They are tired of making frequent trips from Canada to Goa regarding an ongoing and prolonged property/land dispute. Specific issues are:

Land/property in Goa usurped by relatives while NRI/NRGs have been living abroad.
The tenant renting property in Goa refuse to vacate the premises even after lease expiration
The present system is prejudicial against NRI/NRGs in the case of property illegally transferred while the owners are outside Goa since:
The notification of the transfer is published in the local newspapers (which are not available to NRI/NRGs living in Canada)
As a result they miss the "short" window of appeal and lose subsequent rights of ownership
They have to undertake a long and arduous litigation process without a satisfactory resolution.
Property in India sold by others under a forged Power of Attorney certificate.
Illegal occupation and/or built property on NRI/NRGs land in Goa.
Correcting official property records (Form I and IV) is long and cumbersome.

Outcomes:

Panaji Wednesday, April 18, 2007

Eduardo favors law to protect properties of NRGs
The commissioner for NRI affairs, Mr. Eduardo Faleiro said that the commission has recommended enactment of legislation besides taking administrative measures to protect properties of Goan people living abroad.

With a view to protecting the property rights of NRGs and enabling them to recover the possession of their premises when the same are bonafide required by them for their occupation, a Bill to amend the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 (enacted to protect the interests of the members of armed forces and central government employees) has been prepared and is awaiting the approval of the State legislature.

Supreme Court has upheld similar legislations enacted in other states, he added.