Published On: Wed, Mar 1st, 2017

Don’t die intestate in Goa: Your property will be taken over by Collector

leaseBy Accommodation Times Bureau

The Goa, Daman and Diu Land Revenue Code, 1968 and Rules specifically give Right to Collector to take over your property if you do not leave any WILL. Section 23 specifically says that Collector will take over the property and legal heirs have to claim it within three years, after that it will be auctioned. Read on..

23. Disposal of intestate occupancies.—

(1) If an occupant dies intestate and without known heirs, the Collector shall take possession of his occupancy and may lease it for a period of one year at a time.

(2) If within three years of the date on which the Collector takes possession of the occupancy, any claimant applies for the occupancy being restored to him, the Collector may, after such enquiry as he thinks fit, place such claimant in possession of the occupancy or reject his claim.

(3) The order of the Collector under sub-section(2) shall not be subject to appeal or revision but any person whose claim is rejected under sub-section (2) may, within one year from the date of the communication of the order of the Collector, file a suit to establish his title, and if such suit is filed, the Collector shall continue to lease out the land as provided in sub-section (2), till the final decision of the suit.

(4) If no claimant appears within three years from the date on which the Collector took possession of the occupancy or if a claimant whose claim has been rejected under sub-section (2) does not file a suit within one year as provided in sub-section (3), the Collector may sell the right of the deceased occupant in the occupancy by auction: Provided that no such right shall be sold within three years from the date on which the Collector took possession of the occupancy.

(5) Notwithstanding anything contained in any law for the time being in force, a claimant who establishes his title to the occupancy which has been dealt with in accordance with the provisions of this section, shall be entitled only to the rents payable under sub-section (1) and the sale-proceeds realised under sub-section (4), less all sums due on the occupancy on account of land revenue and the expenses of management and sale.

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