Can We Save What is Left of What is Ours?

by Dr MEENACSI MARTINS
Posted on 2008-09-19
Mr Lobo returned from Portugal to see his property developed into tiny plots and sold by a builder. Fortunately, he had his original sale deed with the land registration documents and thereby was able to lay his claim to what was rightfully his. Shanta was not so lucky. Her marriage certificate was not available. “The paper that year was bad,” the Sub Registrar’s office said, putting a definite question mark on her rightful share in her husband’s estate.
It is a daily melee, people searching for their documents, to prove their relationships, their rights and at times their identity itself. Births, deaths, marriages, and succession documents that are vital to our existence are housed in uncared for spaces, exposed to the might and wrath of time and age. Books have crumbled and lay on the floor of the offices in an unceremonious heap taking with them the proof of title of many Goans.
Documents that indicate the proprietorship of a family to a piece of land can not even be handled with out destruction at the ‘Mamlatdar’s’ offices. “It’s too fragile,” said the staff. There is ignorance of the languages of the documents, necessitating Portuguese experts of Department of official Languages to lend a helping hand. People are forced to officially translate, subjective to individual interpretation and availability of books, notarise their documents and then only the concerned documents can be in use, legally speaking.
Many have neglected to add their names to the record of lands or to register their documents. With death, birth and marriage certificates not in place, the lineage of succession is exceedingly difficult to prove and this could turn out to be exceedingly dangerous in years to come. It should not happen so, that before appropriate action is taken, vital information is already lost to us.
Touts with money and bulldozing powers have come to the fore to prey on people with unclear titles to their lands. Forged power of attorneys of long dead persons to forged Sale Deeds, the touts use any and all means to usurp land. “It was a criminal offence to sell land that was not yours legally,” explained a senior legal counsel. He added, “Today they get away with a civil suit.”
This and the notorious tenancy claims have sprouted nefarious extortion rackets. With no documents to their credit, the alleged tenants await eagerly to ‘negotiate’ with owners. There is an “if not” factor to it. Pay up or get dragged to court.
Thousands of pending cases tax the judicial system, not to mention the mental peace and the legal fees involved. “Hire a good lawyer,” I was told after I pointed out that a case was based on falsified documents. It’s a never ending story. A strong and sturdy basic system with qualified knowledgeable personnel in key positions is required to weed out the fraud and catch the crooks right at the beginning. An urgent look is warranted into the Loop holes of the checkered pathways in the legal corridors. We may not be able to save Goa for Goans in its entirety, but can we at least save what is left of what is ours?