A Guide To Resolving Ancestral Property Issues in Goa

A Practical Guide to resolving ancestral property issues in
Goa
Albert Fernandes and Bosco Fernandes
Introduction
This document is the summary of a talk given by the authors at Aylesford in August
2009. It details all the steps necessary to transfer ownership of ancestral property in
Goa to heirs, when no will exists. The process is called Inventory Proceedings and
results in a document called The Final Order, where the names of the heirs are
attached to the property. A further process called Mutation creates a new title
document for the property, called a Form I &XIV, which contains the names of the
new owners.
The intention is to provide a set of guidelines that will enable those with little or no
knowledge about the legal system in Goa to work methodically through the process.
Each step is summarised in the Table 1 below. The authors hope that this document
will be of use as a 'to-do list' for those interested in resolving their ancestral land
issues in Goa.
Table 1. Summary of the Inventory Proceedings
3
4
5
6
7
What needs to be done

A Family Tree from the Landowner(s) to
Living Heirs (including all male and
female members) and spouses/children to
be drawn up
Copies of Death certificates of the
deceased members of the family to be
obtained
Copies of Death certificates to be
notarised
Copies of Death certificates to be attested
by the High Commission of India
A database to include Full Names of all
Living Heirs (as they appear on passports),
Postal Addresses, Telephone Numbers,
Email Addresses should be created
Agree with all family members who is to
be appointed as their representative in Goa
Power of Attorney (PoA) to be made in
the name of someone who is willing to act
on behalf of the family in Goa
PoA (from overseas) will need to be
notarised by H.C. in respective overseas
country) Photograph to be attached
PoA to be taken by representative in Goa
to Deputy Collector to be stamped and
validated within six months of issue
To be obtained
In consultation with members of the
family
from respective family members
by a Notary Public
from Indian High Commission
from Living Heirs resident in Goa
and overseas
from a lawyer and attested by

Notary Public
from a lawyer + Notary Public +
H.C.
by Deputy Collector in
Panaji/Mapuca/ Margao
10 Copies of Death certificates to be

notarised
11 A List of Assets to be prepared. This
includes:
i. Comunidade / Cadestral Plan
ii. Survey Plan
iii. Forms I & XIV
iv. Portuguese Inscription &
Description documents
v. Translations of Portuguese
vi. Inscription & Description
documents into English
vii. Matriz numbers of properties
12 All documents to be verified and
authenticated
13 All above documents to be checked
thoroughly before
14 A recommended/reputable lawyer
agreeable to all members of the family
is sought
15 All documents to be handed over to
lawyer who will present them in court as
the case arises
16 COURT PROCEEDINGS TO BEGIN
17 Appointment of Cabea de Casal (Head of
the Family = family representative in Goa)
18 Cabea de Casal to swear a Statement in
Court verifying names & addresses of
Living Heirs
19 COURT PROCEEDINGS CONTINUE
20 Appointment of Surveyor by Court (to
value properties for purpose of Stamp
Duty)
21 Court Auction (best to avoid
complications at this stage
22 Payment of Stamp Duty
23 Typing of Description Report (completed
within eight days of Auction)
24 Provisional Chart of Allotment (to include
the names of those into whose names the
property has been transferred)
25 Final Chart of Allotment
26 Final Order
by Notary Public
i iii from the Survey Department
iv from the Archives in
Panaji/Mapuca/Margao
v from a reliable translator
vi from the Tax Office in
Panaji/Mapuca/Margao
by a qualified surveyor
family representative in Goa
family members
family representative in Goa

lawyer & family representative in
Goa
Court in Goa
Court in Goa
Court in Goa
Cabea de Casal
Court secretary
Court in Goa
Court in Goa
Court in Goa
Conclusion
The process of Inventory proceedings in Goa is lengthy and tedious. It is advisable
that extreme diligence is practiced from the outset, so as to reduce the requirement of
repeated verification of details in the documents. Special attention should be paid to
ensure that all details, especially names and addresses are both accurate and
consistent.
The successful completion of all processes within a reasonable time frame will bring
unity to families in dispute over property. Fewer properties will be abandoned and
Goa will look more beautiful
Disclaimer: This document is a laypersons guide to solving ancestral property issues in Goa. The
authors wish to make it clear that they are NOT experts in Law and are not responsible for the legal
accuracy of the material contained in this presentation. This guide is based on the steps that were
followed in their project and should be used entirely at ones own risk.

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A Practical Guide to resolving ancestral property issues in

Table 1. Summary of the Inventory Proceedings

What needs to be done

from respective family members

from a lawyer and attested by

10 Copies of Death certificates to be

family representative in Goa

family representative in Goa

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