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*Goan expats can now get their houses back * HERALD REPORTER PANJIM, JULY 10 There’s some good news for non-resident Indians (NRIs) of Goan origin who have not been able to take possession of their premises. The Goa government has just notified the amendment to the Goa Buildings (Lease, Rent and Eviction) Control Act giving much relief to the NRIs. The amendment bill, moved by Revenue Minister Jose Philip D’Souza was passed in the Goa assembly in February this year, but there was some delay in referring the bill to the Governor for his assent. Sources said that the file had remained with the Law Department and it was only after the matter was reported in the Herald, that the process was re-started. The bill, on being received, was immediately given assent to by the Governor Dr S S Sidhu. Now, Goan NRIs would be entitled to recover possession of any premises “on the grounds that the premises are bonafide required by him for occupation by himself or any member of his family.” However, this is “provided that the NRI had become the owner of the premises prior to the creation of the tenancy in respect of the said premises, except where the NRI had acquired ownership by inheritance”, the notification says. No sale: There is a condition the NRI will have to follow as provided in the Act. The NRI will not be allowed to sell the premises or transfer the same through some other means or let it out, before the expiry of a period of three years from the date of taking possession of the premises. If the NRI fails to do so, according to the Act, the evicted tenant would be able to get the premises back. If the NRI fails to adhere to the condition that he should not transfer the same premises for three years, “the evicted tenant may apply to the controller for an order that he or she be restored the possession of the said premises and the controller shall make an order accordingly”, the notification said. How to go about: To avail benefits from the amendment, the NRI will have to apply to the Rent Controller. Offices of rent controllers are situated in Mapusa, Panjim, Mormugao, etc. The controller would pass an order for eviction of tenant on an application by the NRI under clause (a) supported by a certificate from the respective district magistrate that he is a NRI and is willing to reside in Goa. The district magistrate would issue such a certificate on an affidavit sworn by the NRI before the competent authority to the effect that he doesn’t possess any other suitable residence in the local area where he or members of his family can reside, according to the notification. For purpose of the amendment, “Non-resident Indian”, in the Act, means a person residing outside India, who is either a citizens of India or is a person of Indian origin. The amendment comes into force with immediate effect, the notification said. -- DEV BOREM KORUM. Gabe Menezes. London.
