The state cabinet on Wednesday granted its approval to introduce a new bill in the ongoing monsoon session that will enable it to take over properties of persons who die without legal heirs, and properties having no rightful owner.
The planned law will provide for state govt to take over charge, management, administration, supervision, custody, and disposal of such property.
The proposal also seeks to introduce a comprehensive legislative framework to govern the manegement of specific types of property that become vested in state govt.
The bill provides a structured process for state govt to manage and dispose of properties without rightful claimants, ensuring due process for potential claimants while also safeguarding the interests of the state.
The authority for govt’s rights under the Goa Escheats, Forfeitures and Bona Vacantia Bill, 2024, flows from Article 296 of the Constitution, which deals with property accruing by escheat or lapse, or as bona vacantia.
Under common law, escheat refers to the automatic transfer of property of a person who dies without heirs, to the state’ lapse refers to the expiration of rights; and bona vacantia (from the Latin for ‘vacant/ownerless goods’) refers to property without any clear owner.
The bill mentions 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 having become vested or shall vest in state govt by escheat or lapse, or as bona vacantia under the bill’s provisions.
The bill clarifies that while bona vacantia includes any property in the state which has no rightful owner, it does not include an escheat or any movable property found in a public place. Also, ‘unclaimed property’ means any movable property or article or treasure trove of any description which “is forfeited or having become forfeited or shall forfeit” to state govt.
Chief minister Pramod Sawant had earlier announced this bill as part of govt’s efforts to take over “no-man properties”, so that these properties are not illegally sold.
