'There is Dire Need for Property Indexing'

Posted on 2008-09-19
Can we Goans really rave and rant about outsiders stealing our paradise? It is we the residents of the state who do not think twice before handing our lands to the plunderers on a platter. Or, are we forced to succumb to our circumstances? Yes, we are all too familiar with the polished ‘Goondas’ exercising their ‘Raj’ over the state, thereby ensuing this vicious pillage. Added to this is the mess that the sub registrars in the state are in.Mr PVS Sardessai, retired State Registrar Goa and Head of Notary Services, and presently an advocate in chamber practice, enlightens us on the messy scenario glorious Goa is in.
Firstly, pertaining to immovable property, what documents need compulsory registration?
“All the transactions relating to immovable properties valued more than rupees one hundred are compulsorily to be registered otherwise these documents have no evidentiary value under law.”
Please elaborate on the registration system?
“The registration system of documents should be allowed to work properly and in accordance with the Registration Act 1908. The three main objectives of this law is one, to prevent fraud and give wide publicity to the dealings in land. Two, to conserve and preserve permanently the record of the transactions by the citizens, and three, to make available authentic certified copies of these recorded transactions for evidentiary purposes.”
Where does indexing blend in?
“The need for being transparent or giving wide publicity to land dealings involves an important aspect, which is, indexing. As of today, the indexing is done by person and place, that is, name wise and village wise. Keeping indexes is an integral part of the sub registrar’s work. These are available to the public for inspection.”
But obviously, as of date, the sub registrars are in a mess?
“The staff are overburdened and there are piles of documents yet to be sorted out over the years; right from time registration started in 1965. The backlog is huge and this is a very vast and phenomenal job with regard to property indices.”
So, how do we rectify the situation? Valuable documents of our Goan identity are left to the ravages of time and age and are rendered to tatters and crumbs!
“The good thing is the introduction of computerisation which first started in the sub registrar in Mapusa. So, indexing of the present and future property stuff will be done but what remains is a huge backlog right from 1965.”
Please continue!
“My suggestion is for the allocation of funds and to appoint some bodies comprising of say, young college students who will enthusiastically take up the contract, and they should work along with the guidance of the sub registrar. Only then can this mammoth task be accomplished.”
Goes without saying this elicits frauds?
“Yes, it is here where it is the case of ‘Ram bharose’, meaning we just have to have trust in God and believe what is told to us. The lawyers give the title certificate after verifying the indices to see that the property is not encumbered with mortgage, loans etc, thereby issuing the ‘Nil Encumbrance’ certificate. This is where impersonations of owners and fictitious power of attorneys come into the picture.”
Please continue!
“Sometimes, it is the case of joint ownership among siblings where one greedy person sells off the property without the consent of the others. And the others are forced into a settlement as the only better option.”
Surely, there is a way out?
“The administration machinery should be prompt wherein if any impersonation takes place, they should be met with exorbitant fines or imprisonment which is not there as of now.”
What is the other major problem faced by the helpless Goans, especially the poor lonely senior citizens?
“I cannot really give evidence. But generally, what happens is, you might be the proud owner of a lovely house surrounded with acres of land. A party will approach you for buying this. You might not want to sell as for you it is of great value being an ancestral house etc. But, at any given time the government has the right to acquire your land for the purpose of public services. So, the influential who wield power will do so at some higher level and deal you the prospect of acquisition of land. You have to just accept his pitying price, not the market value, and leave peacefully, or again you are at more loss if you have to go to court.”
What is this market value? Please elaborate!
“Market Value is a price at which the property is sold in the open market. This is of reasonable quotient. Basic law relating to the Market Value for index of land prices came into effect in India in 1975. While most states across the country abide by this law, it is yet not being followed in Goa, thereby leaving us at a disadvantage.”
Is there no silver lining?
“There is a gap between the government machinery and the lay man. Every individual should undertake the responsibility of getting together with social workers and the advocates association and assertively get the government to rectify the situation, whether appointing more staff at the registrars for systematic indexing, creating a base for land parcels (survey) related to the rights of the person, etc. Only then we can benefit.”