Protect your land, anyway you can (FN)

[Goanet Reader]

Protect your land, anyway you can
Frederick Noronha

          This is such a common story.  It might be playing
          out in your family. Or, your cousin's or
          neighbour's. Or even someone else you know. The
          problem is this: how do you protect what is yours,
          when you're many countries away, and your
          legitimate property back in Goa is coming under
          pressure of all kinds?

It is a not-so-well known fact that Goa has about the highest
(per capita) out-migration in the world.  Many Goan families
have been living abroad, or in other parts of India, for many
decades now. As their family grows, and more generations
enter the out-migration trail, sorting out property issues in
Goa gets only more complex.

They can't agree over what to do with their homes back in
Goa.  So, they often do nothing.  Thanks to the egalitarian
nature of our colonial Portuguese laws, succession issues can
be hard to tackle. Women are not deprived of property rights
(unless they opt out, willingly or under some social
pressure). Everyone wants a share of their ancestral
property. Understandably.  But nobody is willing to work to
keep the home standing or even to settle ownership.

Today, thanks to the direction in which our political
discourse is moving, a new round of uncertainty has clouded
those located far from their homes.  For the second time
after the 1960s, when the laws changed without most even
having an inkling.  This has left some to fight their home
ownership cases till this date.

(Of course, the mundkar and agricultural tenancy laws of the
1960s and 1970s were justified as needed for social justice,
to dismantle "feudal" landholding patterns, empower tenant
cultivators, and provide housing security to
marginalised-caste mundkars or homestead tenants.)

(The laws promised to redistribute land, improve
agricultural productivity, and reduce rural inequality.  Some
tenants gained land rights and it weakened the power of
landowners, including medium and marginal ones.  But, in
practice, implementation was patchy, caste and communal
biases skewed outcomes, and large tracts of land later fell
fallow or were diverted for non-agricultural use.  This
totally undermined the claim of productive redistribution.)

* * *

          In such a context what is the way out?  How does
          one face the slow decay of ancestral homes due to
          inaction, indecision, and complex family dynamics?
          Let's mull over some possibilities, each with its
          own pros and cons.

(1) Initiate a Formal process of Succession Declaration
(through a Civil Court in Goa), followed by partition if
necessary.  This clarifies ownership, enables sale or rental,
and gives people the option to walk away with their share.
But it's also a costly, time-consuming process.  Plus, it can
inflame family disputes, often delaying matters for decades.

(2) Family Trust or LLP (Limited Liability Partnership):
Convert the property into a joint trust or LLP among the
heirs.  This helps the family to retains joint ownership,
allows for better management and upkeep, and also allows
income through rentals or tourism (if it can be managed
properly).  On the other hand, this corporate-approach
requires high trust within the family, active members, and
quite a bit of formal accounting.

(3) Give One Member Power of Attorney (POA): Under this
route, the family agrees to give one trusted member (usually
someone resident in Goa) the authority to maintain, restore,
or manage the house.  So, decisions can be made efficiently
(for example, on repairs, rentals, documentation).  But
others may later resent or contest the decisions; the family
could even end up with perceived or real imbalance of power.

          (4) Shared Use or Rotational Stay: Theoretically,
          at least, it is possible to set up a rotational
          calendar where each family branch uses the home at
          specific times of the year (festivals, vacations,
          etc.). It keeps the house in use, and is also
          emotionally fulfilling. If the family is large,
          this could be complicated. Thus, it needs
          coordination, fairness and responsibility for the
          upkeep. Plus taking care of the homes during the
          battering Goan monsoon.

(5) Rent It Out, Use it for Homestays or Deploy for Cultural
Use: Turn the house into a homestay, heritage Airbnb, artist
residency, or cultural centre, with profits shared.  This has
some potential to create income (don't believe the
over-optimistic guesstimates).  It justifies repairs and
protects structure.  But such an approach also needs
investment, coordination, and a reliable manager.

(6) Let It Go: Sell or Donate.  Depending on how far away
from home a family is, and how connected they are to this
region, this could be an option.  Agree to sell or donate
(e.g., to an NGO, museum, or for community use), and divide
proceeds or let go entirely.  This approach promises to end
conflict, allow emotional closure, and may preserve the house
with dignity.  But it is also painful, and often resisted due
to sentimental value or fear of community judgment.  All
family members might not agree.

(7) Mediation or Family Charter: This involves using a
neutral mediator (lawyer, community elder, or professional)
to help draft a "family charter".  Though it's not easy, a
voluntary agreement can be arrived at on how to handle the
property.  It encourages clarity and compromise, and may
avoid legal escalations.  But it is not legally binding
unless registered.  Misunderstandings can crop up too.

          At the end of the day, there's no perfect solution.
          Yet, the worst option would be inaction.  This
          could lead to total ruin of a home your ancestors
          took lifetimes to establish, illegal encroachment,
          or loss through default.

Can expats (and those who have Goa's long-term interest at
heart) change their thinking?  From seeing it as an “everyone
wants a share” issue, it needs to shift to “someone has to
take responsibility.” Above all, keep track of what's
happening in Goa itself.... [First published in 'The Goan']