The government needs to look into issues concerning diaspora Goans on property matters
With the Enforcement Directorate (ED) unearthing new information on land scams in the state, a series of raids were conducted in the past week. Among the several cases, there are 15 properties across Bardez that it has provisionally attached in the multi-crore land fraud cases. Action has been taken under the Prevention of Money Laundering Act (PMLA).
The land involved is in the areas of Revora (six properties), Anjuna (three), Mapusa (three), Nadora, Parra and Camurlim (one each). These lands were allegedly taken over through fake wills, make-believe genealogies and dubious inventory records.
One can guess where this could go. Once again, Goa’s expat population is under pressure as it holds on to land from a distance while on the backfoot. They have faced pressures in holding on to what has been ancestrally theirs, as, once they migrate and acquire foreign nationality, their legal standing in succession cases becomes weaker, even in the case of ancestral property. Goans who opt for foreign citizenship – whether for economic or other reasons – without OCI (Overseas Citizen of India) status are treated as ordinary “foreign nationals”, despite deep ancestral roots.
Goa still applies inventory and succession laws under the Portuguese Civil Code. This requires complex procedures that expats struggle to navigate from abroad. Diaspora Goans sometimes register property in the name of a relative due to restrictions, leaving them vulnerable under the nation’s stringent Benami Transactions (Prohibition) Act. When multiple heirs are spread across the world, the cumbersome inventory system often leads to years of litigation and has the net effect of discouraging diaspora families from claiming property.
There are other issues too. Selling inherited property and repatriating proceeds to another country requires the Reserve Bank of India’s permission, which is often capped, unlike for resident Indians. Over and above, absentee owners are frequently targeted by encroachers, squatters and those indulging in fraudulent sales. It is true that they get little legal protection due to their absence. Goans are accused of selling land (to non-Goans), but some have done so in the past due to non-protection from encroachers and fraudsters. After the state government put in place an SIT for land grabs, cases of property fraud took a pause with many arrests made.
Diaspora litigants, like others, face long delays in civil courts. So far, systems to appoint power-of-attorney holders, maintain legal paperwork or hire lawyers don’t come easy. Some parts of the world with high diaspora populations have state-level mechanisms to protect diaspora landowners’ rights; Goa is yet to see this happen. Diaspora owners can end up being the easiest targets.
Land, it has been argued, is the anchor for cultural identity. But an unhelpful situation could accelerate the disconnect that Goans abroad have with their homeland. The right to property in India was earlier a fundamental right. Even after the 44th Amendment of 1978, when it was downgraded, it still remains a constitutional legal right (under Article 300A).
For a state with a significantly large diaspora, Goa needs not just to be fair but also to be seen to be fair. It’s worth noting that for the wider Indian diaspora (outside of Goa), property rights are generally easier to manage, as Indian law allows NRIs and OCIs to buy, inherit and transfer most types of property, except agricultural and plantation land. Inheritance procedures follow the Indian Succession Act or personal laws to date, and expats from there can appoint power-of-attorney holders to handle matters on their behalf. Compared with Goans, most diaspora communities from other states face fewer legal hurdles. The government needs to look into these issues.
