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Goa's new bill to prevent illegal sale of unclaimed properties

Synopsis

The Goa State Cabinet has approved the introduction of the Goa Escheats, Forfeitures and Bona Vacantia Bill, 2024. This bill aims to empower the state government to take over properties of individuals who die without legal heirs, as well as properties without a rightful owner. The proposed law will grant the state government the authority to manage, administer, and dispose of such properties. It establishes a comprehensive legislative framework to govern the management of properties that have escheated, lapsed, or are considered bona vacantia. The bill ensures due process for potential claimants while also safeguarding the state's interests.

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The Goa State Cabinet approved the introduction of a new bill in the ongoing monsoon session. This bill, the Goa Escheats, Forfeitures and Bona Vacantia Bill, 2024, will empower the state government to take over properties of individuals who die without legal heirs, as well as properties without a rightful owner.

The proposed law will provide the state government with the authority to take charge, manage, administer, supervise, custody, and dispose of such properties.

The bill aims to establish a comprehensive legislative framework to govern the management of specific types of properties that become vested in the state government. This includes properties that have escheated (automatically transferred to the state upon the owner's death without heirs), properties that have lapsed (rights have expired), and properties that are considered bona vacantia (without any clear owner).

The bill outlines a structured process for the state government to manage and dispose of properties without rightful claimants. This process ensures due process for potential claimants while also safeguarding the interests of the state.

The authority for the state government's rights under this bill is derived from Article 296 of the Indian Constitution, which deals with property accruing by escheat, lapse, or as bona vacantia.

The bill defines "escheated property" as any movable or immovable property, such as land, buildings, or any real or personal property or any interest, legal or equitable, which has vested or become vested or shall vest in the state government through escheat, lapse, or as bona vacantia.

The bill clarifies that bona vacantia includes any property in the state that has no rightful owner, but it does not include an escheat or any movable property found in a public place. Additionally, "unclaimed property" refers to any movable property or article or treasure trove that is forfeited or becomes forfeited to the state government.

Chief Minister Pramod Sawant had earlier announced this bill as part of the government's efforts to take over "no-man properties" to prevent their illegal sale.

The Goa Escheats, Forfeitures and Bona Vacantia Bill, 2024 represents a significant step forward in the state government's efforts to address the issue of "no-man properties." By establishing a robust legal framework, the government seeks to prevent the illegal sale of unclaimed properties and ensure that such assets are managed and utilized in a manner that benefits the state and its citizens. This bill reflects Goa's commitment to maintaining a fair and transparent system when it comes to the administration of properties without rightful owners, showcasing the state's proactive approach to addressing this important matter.

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