FOMAA Pravasi Property Protection Council memorandum to Chief Minister of Kerala

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A JOINT MEMORANDUM OF APPEAL TO
THE CHIEF MINISTER OF KERALA

Sub: AN APPEAL TO TAKE LEGISLATIVE ACTION AND ADMINISTRATIVE STEPS TO PROTECT PRAVASIS AND THEIR PROPERTIES IN KERALA

There are thousands of Pravasis are being subjected to the harassment of “grabbing” their properties by miscreants and local “goondas” with the help of corrupt police officers and bureaucrats. The Pravasis who work abroad for their livelihood find it extremely difficult to get justice done mainly due to lengthy and never ending litigation procedure.

Documentary evidences we receive from all over the world convince us that the need to protect PRAVASI property is at a crisis. Indian Diaspora, especially Keralites, all over the world have heavily invested in immovable properties and/or “inherited properties” in Kerala, hoping to avail it when they come back and settle down in Kerala.

These Keralites are of great value of Kerala/India in as much as their foreign exchange remittance to Kerala alone last year was estimated around US$15 Billion (approx. 1 lakh crore Rupees)

Even though the foreign exchange contribution by Keralites is very vital for the state’s economy, the state government has not take necessary ardent steps to protect their investments and find solutions for problems faced by them. Irrespective of the political inclinations, all state governments have been asking and inducing the NRI Keralites (NRI-K), to invest or bring in more and more foreign exchange. But the promises made to such NRIKs have not been made a reality in many respects, especially in regards to property.

Therefore, we humbly request you to take the following steps to protect the interests of pravasis and their properties:

1. Aadhar and Pan Card: To establish an information centre for providing reliable information and to answer enquiries / and provide clarifications regarding Aadhar Card, Pancard, Income Tax filing and related matters.

2. Information Centre: To exert pressure on Central Government to issue an Identity Card similar to Aadhar Card for the use of NRIs.

3. Expansion of Pravasi Commission:
(a) To activate functioning of the NRI(K) Commission immediately .
(b) To expand the NRI (K) Commission to include one representative each from Pravasis of following continents:
(i) Americas (ii) Europe (iii) Middle East and Africa (iv) Far East and (v) Indian Continent

4. Pravasi Tribunal : Set up a Tribunal, with judicial powers, to settle property litigations expeditiously with the following aspects properly included.
(a) Should have authority to try all cases of pravasis properties
(b) Setting up time limits for resolution of such cases, preferably 3 years
(c) Make the decisions of the Tribunal appealable only in the Indian Supreme Court.

5. Make a legislation to treat cases such as “forgery, falsification of deeds etc.” for property transaction a criminal offence, apart from a civil offense.

6. Amend the Law on Adverse Possession and other Laws relating to immovable properties as per present circumstances and situation.

7. Prosecute the land grabbers and intruders and their aids, miscreants and local goondas under criminal laws.

8. If any relatives claim / acquire the ownership and possession of movable and / immovable properties of Pravasis, then it should be considered as a special case and culprits should be punished with severe fine and punishments, including imprisonment.

9. Pravasi properties should be registered with an appropriate government agency, and special governmental protection should be given to all pravasis properties.

10. All disputes arising out of the pravasis properties should be awarded severe penalty and compensation at the current replacement cost, at the time of resolution.

11. Make Court direction compulsory for unilateral changes of records of pravasis properties in Village, Re-survey, Sub-Registrar, Panchayat office etc.

Life and properties of pravasis can be protected only through the proper co-ordination and co-operation of Law Ministry, Revenue Ministry, Home Ministry and Pravasi Affairs Ministry.

Therefore we humbly request you to take legislative action and administrative steps to protect pravasis and their properties in Kerala.

Humbly submitted by the following NRIs and Organizations, started and headed by FOMAA (Federation of Malayalee Associations of Americas, Inc) and co-signed by other like minded Associations/Entities/Communities and their following members :-
(sd)                                                                  (sd)
Benny Vachachira                                           Savy Mathew
President -FOMAA                                          Chairman-fPPPc
(Federation of Malayaee Assns.of Americas) (fomaa Pravasi Property Protection
council)



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