I have property in Goa purchased by my father long back around 40 years ago from catholic church. We have our own house there & we are staying there for last forty years. Now i want to construct new house there . I found that all the property documents are in my mothers name since my father expired. Only Form 1 & 14 is showing two names first name is my mothers & second name is that of catholic church. So as per our district collector i need NOC's from both members in Form 1 & 14 .My mother gave me the NOC but church is refusing to give NOC.
All the documents like sale deed , House tax , form 1 & 14 first name is my mother. I requested a lot but they are not ready & are asking some fever in the form of piece of land for constructing some small structure for them,Kindly advice me how to go about . Is collector right in asking NOC from church when title deed is in our name. What legal solution available.
Asked 1 year ago in Property Law from MARGAO, Goa
The property law in Goa is quite different from rest of India . hence it would be better if you consult with a local lawyer.
if the land asked for is not much you may think of making some concession for smooth progress of the construction. Else writ petition in high court remains only option.
1) form 1 and 14 are LAND TITLE DOCUMENT FOR VILLAGE AND NON-CITY PROPERTIES
2) Form I & XIV is a document which tells you about the particular land/area (under Survery No & Sub. Div No), whether it is a
cultivable on un-cultivable, total area/size, the Occupant/s (The owner/s), tenant/s, other rights holders (if any) .
3) for carrying out mutation 15 days notice is required to be given to all the parties concerned
4) Records in form I & XIV and corresponding survey maps have presumptive value. They are not proof of Title.
5) since your father had purchased property from catholic church by sale deed your father was absolute owner of said land . property has been mutated in your mother name on your father demise
6) since your mother has given NOC you can carry on construction after your building plans are sanctioned .
7) since name of catholic church is shown as occupant you would need catholic church consent also
8) contact a local lawyer
1. You have stated that your father purchased the property from the church. If this be so, the sale deed has to be in his favour.
2. If you can produce the sale deed executed by the church in favour of your father the requirement of NOC would cease to exist.
3. If the sale deed is in favour of your mother then your father cannot be termed as the owner of the land.
4. The collector seems to be a fool. When the sale deed has been presented no NOC is required.
5. You should move the High Court against the collector.
You have to following steps:
1) For taking permission from Collector, you must make the application in writing, after they give a written reply rejecting the permission and advises to take NOC from Church authorities, you may apply for NOC in writing to the church authorities, get their reply also in writing;
2) After finding no respite despite your above efforts, issue a legal notice to church authorities demanding NOC and implead collector as a party to the legal notice;
3) If you get a favorable reply to your notice, you may go ahead with your proposed task with the property or else approach court seeking declaration and mandatory against the authorities to not interfere with your possession and construction of the proposed structure in your property.
You may follow the above steps with the help of a local advocate.