BULLET POINT QUESTIONS FOR FCO- Comments/ and Correspondence from BHC
#1
BULLET POINT QUESTIONS FOR FCO- Comments/ and Correspondence from BHC
As requested by the FCO, please will you post the questions you want to put to the FCO and I will forward them to Head of Consular Operations India.
Mine are:-
1) Why on our first visit to the Advocate did he not say it was illegal to
purchase in India.
2) Why did the RBI accept our remittance from our UK bank when it said
the monies were for purchase of a property in Goa.
3) Why did the Registrar Register our Deeds - if it was an illegal purchase by
a FN
4) Why did the Indian Government accept our Stamp duty.
5) What help are the BHC going to give us brits who planned to settle here, nvested all their savings here, in properties and have nothing back in the UK and now cant afford to keep going in and out of the country?
If the UK can give settlement visas to Indians why cant india to us?
6) Why is it that those who have bought businesses and intended to run them have been denied all permissions to run the business despite attempting to fulfill all the rules with guidance from accountants and advocates
7) Why was I advised by the Advocate to make a Goan Will to save my family hassle over my property when I had expired. when it is meaningless.
8) Will you please ask the MHA as a matter of urgency what type of visas may be issued to FN's who have a Residence or Business here?"
9) Will you please ask the CM to justify closure of the Registry to FN's when The Registration Act does not give the Registrar any such authority and indeed limits it to matters actually specified in the Act
Mine are:-
1) Why on our first visit to the Advocate did he not say it was illegal to
purchase in India.
2) Why did the RBI accept our remittance from our UK bank when it said
the monies were for purchase of a property in Goa.
3) Why did the Registrar Register our Deeds - if it was an illegal purchase by
a FN
4) Why did the Indian Government accept our Stamp duty.
5) What help are the BHC going to give us brits who planned to settle here, nvested all their savings here, in properties and have nothing back in the UK and now cant afford to keep going in and out of the country?
If the UK can give settlement visas to Indians why cant india to us?
6) Why is it that those who have bought businesses and intended to run them have been denied all permissions to run the business despite attempting to fulfill all the rules with guidance from accountants and advocates
7) Why was I advised by the Advocate to make a Goan Will to save my family hassle over my property when I had expired. when it is meaningless.
8) Will you please ask the MHA as a matter of urgency what type of visas may be issued to FN's who have a Residence or Business here?"
9) Will you please ask the CM to justify closure of the Registry to FN's when The Registration Act does not give the Registrar any such authority and indeed limits it to matters actually specified in the Act
Last edited by noni; Jan 26th 2010 at 2:34 pm.
#2
Re: BULLET POINT QUESTIONS FOR FCO
Bullet points only please, continue questions and answers on another thread - Thanks.
#3
Re: BULLET POINT QUESTIONS FOR FCO
Here are mine:
H.
- Why were advocates allowed to advise FNs that formation of a private limited company was the way to own a property in Goa & what redress do the FNs have against the advocates for the 'possibly' incorrect & costly advice?
- If a private limited company registered in the state of Goa was not a permissible way to own a property, why did the registrar of companies permit registration when the directors of the company would have been FNs & the names of a lot of businesses seem to incorporate words that make it glaringly obvious what the purpose of the business is?
- What is technically & legally wrong about these private limited companies, as long as the directors of the companies visit India on business visas, only sign documentation whilst on business visas, pay for legitamate expenses through the company bank account using funds remitted via normal banking channels & submit the required annual returns via a chartered accountant?
- And again - because I feel it is a very important one that possibly implicates banks maybe for violation of rules issued to them by the RBI, WHY did Indian banks ACCEPT & NOT RETURN payments sent through NORMAL BANKING CHANNELS that stated that the purpose of the remittance was for "part payment towards the purchase of property" if this was not a legitamate reason due to the fact that the person making the remittance was a foreign national, identifiable by both the origin of the payment (UK) & the name of the person making the remittance?
H.
#4
Re: BULLET POINT QUESTIONS FOR FCO
Will HMG please put the following to GOI - MHA:
"It has to be a given that Foreign Nationals not of Indian origin can legally own immovable property in India:
Prior to 1999 under the provisions of FERA they could buy with permission from the RBI, and this was often granted - either specifically or by default.
They can inherit from a person resident in India.
Setting aside for now the question of types of visas, with the exception of Goa post 2006, they can and do buy after fulfilling the requirements of FEMA
SO WHAT TYPE OF VISA MAY THEY BE ISSUED SO THAT THEY CAN VISIT THEIR PROPERTIES?"
"It has to be a given that Foreign Nationals not of Indian origin can legally own immovable property in India:
Prior to 1999 under the provisions of FERA they could buy with permission from the RBI, and this was often granted - either specifically or by default.
They can inherit from a person resident in India.
Setting aside for now the question of types of visas, with the exception of Goa post 2006, they can and do buy after fulfilling the requirements of FEMA
SO WHAT TYPE OF VISA MAY THEY BE ISSUED SO THAT THEY CAN VISIT THEIR PROPERTIES?"
Last edited by noni; Jan 27th 2010 at 2:11 pm. Reason: making a point.
#5
Re: BULLET POINT QUESTIONS FOR FCO
If a property amnesty is agreed and FNs are allowed to sell legally what guarantees are there that we will be able to repatriate our money to its place of origin (UK or other)?
If we are allowed to repatriate our money will there be any charges, upfront or hidden?
If we are allowed to repatriate our money will there be any charges, upfront or hidden?
#6
Re: BULLET POINT QUESTIONS FOR FCO
Will you please ask the CM to justify closure of the Registry to FN's when The Registration Act does not give the Registrar any such authority and indeed limits his to matters actually specified in the Act.
#7
Account Closed
Joined: May 2006
Posts: 1,146
Re: BULLET POINT QUESTIONS FOR FCO
Here are mine:
H.
- Why were advocates allowed to advise FNs that formation of a private limited company was the way to own a property in Goa & what redress do the FNs have against the advocates for the 'possibly' incorrect & costly advice?
- If a private limited company registered in the state of Goa was not a permissible way to own a property, why did the registrar of companies permit registration when the directors of the company would have been FNs & the names of a lot of businesses seem to incorporate words that make it glaringly obvious what the purpose of the business is?
- What is technically & legally wrong about these private limited companies, as long as the directors of the companies visit India on business visas, only sign documentation whilst on business visas, pay for legitamate expenses through the company bank account using funds remitted via normal banking channels & submit the required annual returns via a chartered accountant?
- And again - because I feel it is a very important one that possibly implicates banks maybe for violation of rules issued to them by the RBI, WHY did Indian banks ACCEPT & NOT RETURN payments sent through NORMAL BANKING CHANNELS that stated that the purpose of the remittance was for "part payment towards the purchase of property" if this was not a legitamate reason due to the fact that the person making the remittance was a foreign national, identifiable by both the origin of the payment (UK) & the name of the person making the remittance?
H.
All H questions have covered my concerns but if you could add the two below and get answered this would be great
Why after being advised to set up a company are we not being allowed to run it as a business because we cannot get our deeds and register with the tourist board which is a requirement of any Indian Company seeking to do business in tourism
Why have the Government sent a circular to all sub registry offices which clearly states not to register Foreigners property, or Foreign Directors of Indian Companies properties
Thank you Noni
GC
#8
Re: BULLET POINT QUESTIONS FOR FCO
All H questions have covered my concerns but if you could add the two below and get answered this would be great
Why after being advised to set up a company are we not being allowed to run it as a business because we cannot get our deeds and register with the tourist board which is a requirement of any Indian Company seeking to do business in tourism
Why have the Government sent a circular to all sub registry offices which clearly states not to register Foreigners property, or Foreign Directors of Indian Companies properties
Thank you Noni
GC
Why after being advised to set up a company are we not being allowed to run it as a business because we cannot get our deeds and register with the tourist board which is a requirement of any Indian Company seeking to do business in tourism
Why have the Government sent a circular to all sub registry offices which clearly states not to register Foreigners property, or Foreign Directors of Indian Companies properties
Thank you Noni
GC
#9
Re: BULLET POINT QUESTIONS FOR FCO
Before passing any information to Anupam Kishore will the BHC please obtain an undertaking that it will not be used to initiate or support any action by the Department of Enforcement or for any other purpose to the detriment of those supplying the information.
#11
Re: BULLET POINT QUESTIONS FOR FCO
Will the British High Commission India exercise proper vigilance when issuing visas to Indian nationals who are either under criminal charge or out on bail pending trial so that these criminals may not roam freely in the UK as a potential danger to the public, sometimes enjoying the hospitality of Members of Parliament. These known criminals (and their families) are the very same Goan politicians who are seeking to confiscate our properties and who abuse their public position to spout ill informed, racist, insulting and downright dangerous comments regards British citizens and retirees in Goa.
http://www.thaindian.com/newsportal/...100107924.html
http://www.thaindian.com/newsportal/...-alemao/page/2
http://thatscricket.oneindia.in/news...oatickets.html
http://www.navhindtimes.in/news/goa-...s-hurt-to-cops
http://timesofindia.indiatimes.com/c...ow/5024853.cms
http://www.thaindian.com/newsportal/...100107924.html
http://www.thaindian.com/newsportal/...-alemao/page/2
http://thatscricket.oneindia.in/news...oatickets.html
http://www.navhindtimes.in/news/goa-...s-hurt-to-cops
http://timesofindia.indiatimes.com/c...ow/5024853.cms
Last edited by babu1; Jan 30th 2010 at 8:03 am.
#12
Re: BULLET POINT QUESTIONS FOR FCO
Will the British High Commission India be more responsive in the media (by press release or interview), by letter and meeting with Goan authorities, in the efficient manner of the Russian Consul, to counter and correct the racist, abusive and dangerous falsehoods espoused by prominent Goans. Such uneducated and hateful pronouncements are accepted by much of the general Goan population as fact and/or truth, and as such they filter into a popular consciousness and perception which is easily led to become increasingly anti British and anti foreigner. A timely, measured and fact based response is required in the most public manner to redress the balance towards truth regards these statements.
http://ibnlive.in.com/news/goa-polit.../107174-3.html
http://timesofindia.indiatimes.com/c...ow/5442458.cms
http://ibnlive.in.com/news/goa-polit.../107174-3.html
http://timesofindia.indiatimes.com/c...ow/5442458.cms
#13
Re: BULLET POINT QUESTIONS FOR FCO
Can the British High Commission India report on even a single case of foreign property ownership which has been reviewed by Anupam Kishore (subsequent to interview and/or response to Show Cause Notice) whereby any property has been declared legitimately bought or endorsed as a legal purchase?
Last edited by babu1; Jan 30th 2010 at 8:57 am.
#14
Re: BULLET POINT QUESTIONS FOR FCO
Is it not the precise role of Anupam Kishore to collate information on property purchases by foreigners for the sole purpose of directing them towards a Show Cause Notice before the Adjudicating Authority?
#15
Re: BULLET POINT QUESTIONS FOR FCO
Since 2005, having been issued yearly 'X' and 'XV' Multiple Entry Visas without question or alarm by Indian Consular Officials in the UK on production of my Registered Sales Deed, and even now being on a 'X' Multiple Entry Visa have the High Commission India not been complicit in endorsing the validity of my property purchase, the legality of which the Directorate of Enforcement has only recently sought to question?
Further, by the issuing of a Permit of Residence upon presentation of my Registered Sales Deed at the Foreigner's Registration Office, Panjim (without question, until 2008/2009) have the authorities in Goa not also been unobjecting to the validity of my property purchase and my entitlement to status as 'a person resident in India'?
If the Ministry Home Affairs now say these visas have been systematically issued in error, as have the Resident Permits, do the Indian authorities not hold a primary responsibility for not enforcing the rules throughout the window period during which British citizens have bought or attempted to buy property in Goa?
Thus explained, can the British High Commission India demonstrably push at State and Central Government level that an amnesty or further window of opportunity be extended whereby British citizens can regularise or extricate themselves from this largely Indian devised property fiasco; if on humanitarian grounds alone!
Further, by the issuing of a Permit of Residence upon presentation of my Registered Sales Deed at the Foreigner's Registration Office, Panjim (without question, until 2008/2009) have the authorities in Goa not also been unobjecting to the validity of my property purchase and my entitlement to status as 'a person resident in India'?
If the Ministry Home Affairs now say these visas have been systematically issued in error, as have the Resident Permits, do the Indian authorities not hold a primary responsibility for not enforcing the rules throughout the window period during which British citizens have bought or attempted to buy property in Goa?
Thus explained, can the British High Commission India demonstrably push at State and Central Government level that an amnesty or further window of opportunity be extended whereby British citizens can regularise or extricate themselves from this largely Indian devised property fiasco; if on humanitarian grounds alone!