GOA - Buyer Beware!

Old May 8th 2007, 3:33 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by TONY P
Hi sorry to appear very dim but I can't find the thread, could you supply more details of where it is or set up a link
It's on Indiamike.com. under Foreign owned property in Goa part 2
think 301 thread.
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Old May 8th 2007, 3:37 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by TONY P
Hi sorry to appear very dim but I can't find the thread, could you supply more details of where it is or set up a link
Hi Tony,

You will find it on - Foreign owned property in Goa ( Part Two) post fom Noni

regards

douglas
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Old May 9th 2007, 8:09 am
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Default Re: GOA - Buyer Beware!

Originally Posted by Douglas M
Hi Old Man and welcome to the thread.

Firstly i feel we should all thank Noni for posting this personal document on IM for our benefit.

In order to provide some background fror newbies, we need to go back to around may 06 when the national youth congress, (under the provisions of the then new right to information act), obtained information from the registrar about purchases of immovable property by foreigners in goa.

Based on this information,the NYC then alleged that hundreds of foreigners had breached FEMA rules by purchasing immovable property without regard to residency, inward remittance of purchase monies and purpose and intention to stay.These are the three areas that FNs need to comply with under the FEMA general permission.

From a quick scan of the letter from the enforcement dept, they are simply asking for confirmation of these three points and at first sight, I can see little wrong with their request. I am presuming that this info was not provided at outset by Noni and they are not simply asking for the info twice.

The practice adopted by registrars used to be, pre august 06, to get the FN to sign an affidavit stating that they had complied with FEMA at the point of registration. If a FN signs it and hasn't complied, then they may have a problem.

When I regisrered my property at the Panjim office, I provided a copy of my passport, copy of title deeds, copy of residents permit etc. I dont recall providing bank acc details though.

There is an interesting article written by pv Sardessai (which I have copied below), a previous incumbent of the post of registrar, that quite clearly states that registrars are not required to check to see if FEMA has been complied with, at the point of registration. It also states that they have an obligation to register the property.

The onus is then quite clearly on the FN to ensure that they have complied, not the registrar.

Having said that,developers and lawyers were and still are, misinforming FNs
about the whole process. If they didn't misinform, common sense tells me that no FN in their right mind would behave the way they have done and still are doing. But maybe its not douglas that needs the common sense!

I hope this answers your question Old Man, if not get back to me.
Douglas



Comments On News Reports

PURCHASE OF LANDED PROPERTIES IN GOA BY FOREIGNERS - A FACTUAL POSITION OF LAW- SUGGESTIONS- by P.V.S. Sardessai

Sirs,
The current discussion in the media on the topic of purchase of properties in Goa by foreigners appears not to be emphasizing on the main issue i.e. the enforcing measures that are to be taken:-

(a) for ensuring that the already existing laws like the Foreign Exchange Management Act, 1999 read with the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000 are enforced in the right spirit by the authorities under those statutes or by the Home Department and

(b) Empowering other Public Officers like (i) the Sub-Registrars appointed under the Registration Act, 1908 to withhold the registration of such documents till the proper authorities under the FEMA or the Home Department etc. issue a Clearance or No Objection Certificate for the registration of such documents of foreigners or on (ii) the authorities subsequently mutating the properties in the name of the foreigners.

It is hoped that in today’s discussions, these points would be touched.

Based on my personal experiences before retirement as the Goa State level Officer in the Registration Department, I am attaching hereto some annexures to help in getting a clear and actual picture on the aspect of the registration of documents of foreigners. The same are on the following specific topics:-

Annexure A ---- The Nature of the RegistrationProcess.
Annexure B ---- The FEMA vis a vis The Registration Act.
Annexure C ---- Some Gaps in the Implementation Machinery.
Annexure D ---- Suggested Line of Approach.

Sd/-
(Adv P.V.S. Sardessai)
Retired State Registrar of Goa.
Ph: 6514039 (m) 9923498460


ANNEXURE – A

A] ---- THE NATURE OF THE REGISTRATION PROCESS:-

1) ----- It is a well settled position in law, buttressed by uniform judicial decisions, that the Sub-Registrars appointed under the Registration Act 1908 have little discretion under that Statute of Parliament to refuse registration to documents presented for registration, when such documents happen to meet all the prescriptions under the said Act and the requirements under any other law which “has been definitely made supplemental to the Registration Act”. Section 35 of the said Act using the word ‘shall’ is also very specific ad categorical about this aspect. Moreover, Rule 40 of the G.D.D. Registration Rules 1965 further emphasizes this position when it opens up with the following words: “ (1) Before accepting any document for registration, a registering officer may not concern himself with its validity, but shall ascertain …. “ etc.

2) ---- The supplemental laws mentioned above usually are in the format of a non obstante (notwithstanding) clause in the later Act, expressly providing that ‘notwithstanding anything in the Registration Act 1908, no Registering Officer appointed under that Act shall register a document unless’ some condition is satisfied.

----- Such prescriptions are normally enacted in the concerned subsequent Acts directing the Registering Officers appointed under the said Registration Act in the following manner:-

- (i) ‘not to register’ till some N.O.C. or Clearance certificate from a prescribed authority is furnished. In such cases, there is no prohibition against accepting a document validly presented for registration. In such cases the Registering Officer has to accept the document presented for registration and proceed with all the registration formalities under the Act short of ordering the same for registration. The document will be kept pending till the parties remove the express impediment mentioned in the supplemental law. Some examples are : A tax clearance certificate under Sec 230-A of the Income –tax Act 1961 (now omitted) or N.O.C. under sec 49(6) of the G.D.D. Town & Country Planning Act 1974. As and when such impediment is removed, the document is necessarily to be registered without any unreasonable delay as laid down in the statutory rules.

- (ii) Another type of such restraining condition is to direct that till the prior requirement is met, the document shall ‘not be accepted for registration’. In such cases the Registering Officer cannot take up any part of the registration procedure at all, including the acceptance of a presented document. Such provisions being of a more fundamental and drastic nature, they are usually embodied in the Rules or in the Act itself, some examples being: the direction to refuse to accept where a document is not accompanied by its True Copy under the 1986 Amendment to the Registration Rules, or as in the Maharashtra State, the supporting documents like clearances etc, are to necessarily accompany the documents at the time of the presentation itself and not later, so that documents are not kept pending in office indefinitely till the parties comply. (This has also relevance to the computerization of registration procedure which incidentally is going to be shortly introduced in Goa too).

--- 3) --- The registering officers are quasi judicial authorities, all the proceedings before them being declared under sec 84 (3) of the said Act as “judicial proceedings” for purpose of sec 228 of he Indian Penal Code i.e. in cases of interruption (obviously without authority of some statutory provision) and insult. The officers are also statutorily required to give promptly and free of cost, copies of their orders of refusal to the affected parties, clearly and expressly mentioning therein the legal grounds and he reasons for their refusals which could in turn be challenged by the interested parties in an appeal and thereafter, if the refusal is upheld, by filing a suit in a Civil Court. It follows that the Sub-Registrars cannot refuse registration at the request or whimsical directions of others when such directions are not founded on any express statutory powers authorizing the interruption of the registration procedure.

-4) ---- It is also a well settled position in law that “ it is no part of the duty of a Registering Officer to embark on any inquiry into the legality of a document or to consider extraneous issues like: whether the document is hit by some other law, or about the truth or falsity of any recital in the deed, the fact of payment of consideration or similar issues, while accepting a document for registration” He is not even expected to read out the document to the parties before recording their admission of execution. The statutory procedure for registration is formal and rigid and the inquiry by the registering officers is restricted to the matters prescribed within the four corners of the Act as well as in the provisions of any other law ‘made expressly supplemental to the Registration Act’. The prime object of registration is to authenticate and record documents and make available certified copies therefrom for evidentiary purposes. A Registering Officer acting outside the scope of his statutory duties by refusing documents without statutory authority would be opening himself for challenges in Court and also for possible allegations of malafides or ulterior motives.


ANNEXURE –B

----B] THE FOREIGN EXCHANGE MANAGEMENT ACT & REGISTRATION

At the outset itself, it is to be made clear that the FEMA contains no restricting provisions restraining registration of documents of foreigners. So also, none of its provisions is seen to have been made ‘expressly supplemental to the Registration Act 1908, to refuse or delay the registration of the documents of foreigners. Such an act would be ultra vires his statutory mandate. Also, the present article writer, after the news reports, carried on inquiries with the Registration Department and learns that as on the date of this article, no written instructions have been issued by the Govt, or by other statutory authorities to the registering officers not to register property documents of the foreigners as mentioned in some articles or that any disciplinary action was contemplated in this matter for alleged breach of any rules by these officers while registering documents of foreigners. In fact, it is doubtful whether any action could be legally taken in the matter, when no statutory prescriptions under the law, as it stand at present, were breached.


ANNEXURE – C

C --- SOME GAPS IN THE IMPLEMENTATION MACHINERY

I had been privy to some developments in the matter while in service and mention hereunder some events/facts as they actually occurred:-

1) – In November 1998, the Goa Govt., under information from the Govt. of India, Ministry of Finance (Department of Economics Affairs) New Delhi, issued instructions to the Sub-Registrars to insist on the permission of the Reserve Bank of India while registering acquisition of property documents by foreigners on short tourist visas. These instructions were issued in view of Section 31 (1) of Foreign Exchange Regulation Act 1973. This was also given wide publicity in the offices of the Sub-Registrars. These instruction were logically in force till the said FERA was repealed by Sec 49 of the Foreign Exchange Management Act, 1999 which liberalized and made clear the rules in respect of the purchase and transfer of properties by foreigners.

2) --- However, a practical difficulty arose in that the R.B.I. would not issue any permission in writing in individual cases of sale deeds on the grounds that ‘eligibility or residential status of individuals is not decided by RBI but by the operation of law i.e. the provisions contained under FEMA, 1999’ The RBI issued replying letters against the applications by foreigners mentioning only the legal position viz. that a foreigner could buy property if he met the conditions laid down in section 2(v)(i)B of the FEMA i.e. if he were a ‘resident’ within the meaning of that section. The issue about the actual control and verification of the averments by foreigners, in keeping with the spirit of the Govt. of India instructions continued to remain in suspended animation.

3) ---- A strange fall out of this state of affairs was that the sale deeds and other property documents of foreigners started remaining pending in the offices indefinitely, the Sub-Registrars hesitating to register the same in view of the spirit of the November 1998 instructions of the Govt. issued under the repealed FERA and also being unable to refuse or indefinitely hold back the registration in view of the clear mandatory statutory provisions of the Registration laws. Under the existing laws, the Registering Officers do not happen to be the inquiring/adjudicating authorities under section 13 of the FEMA in respect of the Foreign Exchange issues. After studying the matter from the legal angle, a practical solution was chalked out which was in harmony with the requirements of the existing Registration laws as well as with those of the FEMA r.w. the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000. This was done by way of instructing the Sub-Registrars to register the documents of foreigners after obtaining their affidavits declaring tht they fulfilled the conditions as to the requirement of residence as laid down in Section 2(v)(i)B of the FEMA. These instructions were also later approved by the RBI authorities.


ANNEXURE – D

---- D] SUGGESTED LINE OF APPROACH:

(1) The appropriate way to keep a watch and legal control on the illegal transactions by some unscrupulous foreigners, would be to enact a proper amendment (on the lines of the omitted section 230-A of the Income-tax Act 1961 or Sec. 49(6) of the G.D.D. Town & Country Planning Act 1974, by adding a non obstante clause to FEMA or to other relevant laws, requiring the Sub-Registrar appointed under the Registration Act, 1908, not to register the documents of foreigners till the concerned parties furnish a Clearance or a No Objection Certificate from some prescribed authority connected with the subject. Some authorities to be suggested would be : the ‘Adjudicating Authority under Sec. 13 of the FEMA’ or the Home Department. Merely issuing administrative instructions to the Sub-Registrars would not be desirable since the proceedings before these officers are quasi judicial in nature.

(2) Other public authorities like Mutation Officers also should be required to insist on a copy of such Clearance/N.O.C. while processing the mutation matter.

(3) Responsibility should be fixed on some Implementing Authority under the Foreign Exchange Regulations, like either “The Directorate of Enforcement” under Sec 36 of FEMA 1999 (or if deemed fit, on the Reserve Bank of India or on the Home Department of the Centre/State to issue such Clearances/N.O.C.s for the purpose of clearance of the foreigners’ transactions.


Sd/-
(P.V.S. Sardessai)
Retired State Registrar & Head of Notary Services.

LIFE LINE
Goa Su-Raj Party has been in existence since 31/08/2000.


Hi All,

Just an afterthought to my last post. If you have already read the letter concerned on IM you will see that its source is the Directorate of Enforcement.This is the enforcement wing of the RBI, a national body, not a state body.

After the investigation is over, i am sure erring FNS will be fined, maybe registrations voided etc, but let us not be distracted by this local activity (by national bodies).

The RBI are actiing in concert with immigration throughout and when the FNs x visa is due for renewal, ( erring or not) i am sure they will be excluded.

Also,the direct involvement of the RBI at this stage ( and immigration on issue and renewal of visas for the whole of India, not just Goa) is surely proof that this is not just a local issue, as many with a vested interest continue to maintain.

douglas
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Old May 12th 2007, 5:28 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by samkulk
I fully agree with the post. Please check the Indian laws before buying any property in India

I am providing a link of Reserve bank of India where they have answered the question whether foreign national can buy the property in India and the answer is no. They can lease it for a period not more than 5 years.

[B]Q.6. Can a foreign national of non-Indian origin resident outside India purchase immovable property in India?

A.6. No. A foreign national of non-Indian origin, resident outside India cannot purchase any immovable property in India. But, he/she may take residential accommodation on lease provided the period of lease does not exceed five years. In such cases, there is no requirement of taking any permission of or reporting to Reserve Bank

Here is the link to web site:
http://www.rbi.org.in/scripts/FAQView.aspx?Id=33#1[/B]Please be careful.

Sam
... but also check the next FAQ:
Q.7 Can a foreign national who is a person resident in India purchase immovable property in India?

A.7. Yes, but the person concerned would have to obtain the approvals, and fulfil the requirements if any, prescribed by other authorities, such as the concerned State Government, etc However, a foreign national resident in India who is a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank. Such requests are considered by Reserve Bank in consultation with the Government of India.
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Old May 13th 2007, 8:48 am
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Default Re: GOA - Buyer Beware!

Originally Posted by a_f_d
... but also check the next FAQ:
Q.7 Can a foreign national who is a person resident in India purchase immovable property in India?

A.7. Yes, but the person concerned would have to obtain the approvals, and fulfil the requirements if any, prescribed by other authorities, such as the concerned State Government, etc However, a foreign national resident in India who is a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank. Such requests are considered by Reserve Bank in consultation with the Government of India.
Well if we cannot purchase - why have they registered our Deeds, they can't have it always.
Quote from Advocate!!!!!!!!!!!!!!!!! Don't shoot the messenger.

To be eligible to buy a home in India, a foreign national of non-indian origin is required to be resident i.e. stay in the country for 183 days in a tax year before he can purchase the property on a freehold basis.

Lease contract should be of a duration of under because the regulations say that any lease of 5 years or more requires the leesee to fulfill the residency requirement.
There have been reports recently about foreign nationals buying property [COLOR="Red"]WITHOUT COMPLYING WITH THE REQUIREMENTS OF FEMA which is Cental law dept. adminstered by India's central Goverment. The issue has been stired up by a local politician that many foreign nationals have illegally acquired vast parcles of land and running businesses on tourist visas and all this has upset the locals.
There has been no change in the FEMA. The Registrars at local land registry have been asked to ensure that the existing law is not being violated when the title deeds of foreigners are lodged for registration.
The Property Registry Office has indefinately put on hold all applications to Register Freeholds i.e. Sale Deeds of Foreign nationals of Non-Indian Origin (even when they have completed the 182 days in the previous fiscal year) untill they are screened by the Home Department of Goa Central Govement.

FEMA provision[DO NOT contain any reference to the type of visa, so the statements in the presss that foreign national on tourist visas cannot purchase do not have any legal basis, according to Advocates !!


Even in the cases of Foreign National who have their Sale Deeds registered, with the purchase price coming into India through the proper banking channels and the property being legally registered by the sub-registrar there is no scope/jurisdiction for "confiscation"of the property by the Goa Government in the context of alledged or supposed violation of FEMA.

As I said above I am only quoting - don't shoot the messenger.
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Old May 13th 2007, 10:47 am
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Default Re: GOA - Buyer Beware!

Registration is closed to foreign nationals. You are required to submit your application to the Home Dept. They are not currently considering any foreign registrations. It is not up to the registrar to determine whether the law has been adhered to. The law is subject to local/state govt. whim and fancy.....or you can go to court for clarification............for 15 years! The requirement is not only 183 days. You must not be working in your home country, you must show intention to stay for an indefinite period, and they do not want retirees. There is no law for foreigners in Goa. You are on your own.

Last edited by leavinggoa; May 13th 2007 at 10:53 am.
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Old May 13th 2007, 2:06 pm
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Default Re: GOA - Buyer Beware!

'Old man' said:
> don't shoot the messenger.

No, I wasn't going to <g>.
My point was that samkulk's original post was incomplete - it quoted the situation where a foreign national could not purchase property but not the next FAQ which clarifies the case where (theoretically) they can.

The other points you quote agree with what I have found out.
So do the points made by leavinggoa (well up to the bit about 'they don't want retirees' - that may or may not be true, but isn't a 'legal position').

More importantly I have just been told that the sub-registrar is now refusing even to register Agreements of Sale - if this is true that makes it really impossible to buy property.
Has anyone else heard this, is it true?
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Old May 13th 2007, 2:43 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by a_f_d
'Old man' said:
> don't shoot the messenger.

No, I wasn't going to <g>.
My point was that samkulk's original post was incomplete - it quoted the situation where a foreign national could not purchase property but not the next FAQ which clarifies the case where (theoretically) they can.

The other points you quote agree with what I have found out.
So do the points made by leavinggoa (well up to the bit about 'they don't want retirees' - that may or may not be true, but isn't a 'legal position').

More importantly I have just been told that the sub-registrar is now refusing even to register Agreements of Sale - if this is true that makes it really impossible to buy property.
Has anyone else heard this, is it true?
The property Registrar Office has indefinitely put on hold ALL APPLICATIONS FOR REGISTRATION OF FREEHOLDS.
I have heard that people have been told to "go and retire in your own country" when they have gone for extention of their visa in Goa
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Old May 13th 2007, 3:06 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by a_f_d
'Old man' said:
> don't shoot the messenger.

No, I wasn't going to <g>.
My point was that samkulk's original post was incomplete - it quoted the situation where a foreign national could not purchase property but not the next FAQ which clarifies the case where (theoretically) they can.

The other points you quote agree with what I have found out.
So do the points made by leavinggoa (well up to the bit about 'they don't want retirees' - that may or may not be true, but isn't a 'legal position').

More importantly I have just been told that the sub-registrar is now refusing even to register Agreements of Sale - if this is true that makes it really impossible to buy property.
Has anyone else heard this, is it true?

Hi _f_d

Ref your last para, have you been hibernating through a long winter, or are you winding us up?.Yes its almost impossible for FNs to buy/ register property in goa ( since august 06)

Second to last para, they definitely dont want retirees, read my previous posts.

It may or not be a legal position , but if you dont comply with the FRO and the Home dept ( who effectively are the law), there is a good chance you will end up on an outward bound plane in handcuffs.

This is india man, not sussex .The place is dysfunctional, anarchistic (and lawless when it choses to be).


regards

douglas
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Old May 13th 2007, 3:51 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by Douglas M
Hi _f_d

Ref your last para, have you been hibernating through a long winter, or are you winding us up?.Yes its almost impossible for FNs to buy/ register property in goa ( since august 06)

Second to last para, they definitely dont want retirees, read my previous posts.

It may or not be a legal position , but if you dont comply with the FRO and the Home dept ( who effectively are the law), there is a good chance you will end up on an outward bound plane in handcuffs.

This is india man, not sussex .The place is dysfunctional, anarchistic (and lawless when it choses to be).


regards

douglas
hi douglas,
no I haven't been hibernating <s> I was out in Goa in April, doing the rounds of the lawyers amongst other things.
I know about the (illegal?) embargo on Registering deeds, but there was still the 'half-way house' of an Agreement to Sale, but I just heard they won't Register those now.
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Old May 13th 2007, 4:50 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by a_f_d
hi douglas,
no I haven't been hibernating <s> I was out in Goa in April, doing the rounds of the lawyers amongst other things.
I know about the (illegal?) embargo on Registering deeds, but there was still the 'half-way house' of an Agreement to Sale, but I just heard they won't Register those now.
Hi again a_f_d,#

Now you have clarified what you mean by an Agreement to Sale, i am inclined to be less irritable.

I am interested as to why you were out in goa, are you a law student, or a potential FN buyer? Or are you even a FN?

The embargo on registering sale deeds to FNs may be illegal from the goan state powers perspective ( or lack of them ) But surely RBI and home dept are entitled to act in the national interest during an investigation?

Even if they are not , these are heavyweight depts for the local lawyer to take on in the case of a dispute. Furthermore new state legislation may ensue to provide such powers.

Interesting that they have stopped registering the Agreement to Sale as you call it, I presume this is the document i call a lease with the option to buy. That makes sense if they ( authorities) dont ever have any intention of allowing a FN to exercise it. At least they are not being a party to the current deception.

The term is Sale also misleading, why do lawyers not call it what it is ie a short term lease.

I am sure if a FN went to the registrar with a clean short term lease they would register it.

regards

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Old May 13th 2007, 6:35 pm
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Default Re: GOA - Buyer Beware!

I wasn't aware that an Agreement of Sale was registerable. I was under the impression that it gave you a legal entitlement until the Deed of Sale was drawn up.
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Old May 14th 2007, 9:28 am
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Default Re: GOA - Buyer Beware!

Originally Posted by leavinggoa
I wasn't aware that an Agreement of Sale was registerable. I was under the impression that it gave you a legal entitlement until the Deed of Sale was drawn up.
my undertanding (but what do I know, I've only been resarching this for about 5 years and I still get a different answer every time I ask!) is that it is registerable, that in some states registration is compulsory, that the 'centre' is working towards making all property tranfer documents compulsorily registered** (including powers of attorney), that if you register an Agreement of Sale you pay 1% stamp duty which is offset against the 4% payable when you register the Deed of Sale.

** see http://rajyasabha.nic.in/book2/repor...79threport.htm
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Old May 14th 2007, 9:36 am
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Default Re: GOA - Buyer Beware!

Originally Posted by Douglas M
Hi again a_f_d,#

Now you have clarified what you mean by an Agreement to Sale, i am inclined to be less irritable.

I am interested as to why you were out in goa, are you a law student, or a potential FN buyer? Or are you even a FN?

The embargo on registering sale deeds to FNs may be illegal from the goan state powers perspective ( or lack of them ) But surely RBI and home dept are entitled to act in the national interest during an investigation?

Even if they are not , these are heavyweight depts for the local lawyer to take on in the case of a dispute. Furthermore new state legislation may ensue to provide such powers.

Interesting that they have stopped registering the Agreement to Sale as you call it, I presume this is the document i call a lease with the option to buy. That makes sense if they ( authorities) dont ever have any intention of allowing a FN to exercise it. At least they are not being a party to the current deception.

The term is Sale also misleading, why do lawyers not call it what it is ie a short term lease.

I am sure if a FN went to the registrar with a clean short term lease they would register it.

regards

douglas
Douglas M said >I presume this is the document i call a lease with the option to buy.

No, inalb <g> I mean an Agreement to Sale as defined in Section 53A of the Transfer of Property Act, 1988 - also see my reply to leavinggoa - apropos of whic, I assume the purpose of registering an Agreement to Sale is that anyone else trying to register one to the same property will be alerted to your interest.
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Old May 14th 2007, 10:41 am
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Default Re: GOA - Buyer Beware!

Originally Posted by a_f_d
Douglas M said >I presume this is the document i call a lease with the option to buy.

No, inalb <g> I mean an Agreement to Sale as defined in Section 53A of the Transfer of Property Act, 1988 - also see my reply to leavinggoa - apropos of whic, I assume the purpose of registering an Agreement to Sale is that anyone else trying to register one to the same property will be alerted to your interest.
Hi a_f_d

Total confusion all round as a result of your reply.

As i understand it you can ( could in the case of freeholds) for FNs register either a 58 month max lease or a transfer of freehold. The registrar concerned in my case was the sub registrar at panjim

The two documents i signed and registered are entitled " Deed of Lease" and "Deed of Sale". They were registered on two seperate occassions, the lease first.

The Deed of Lease contains an option to buy clause and is the type of document i referred to in my last post.

There is also the register of the Mamlatdar, which is a kind of Goan magistrate and land registry.

In what way is the document you refer to different to the documents i have described and with whom would you register such a document?

I can understand someone checking either register to see if there was an existing freehold interest or who was the registered owner and every leaseholder who has been foolish enough to pay the freehold price up front should regularly do so.

I would also be grateful if you would answer my outstanding questions.

regards

douglas
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