BULLET POINT QUESTIONS FOR FCO- Comments/ and Correspondence from BHC
Jan 31st 2010, 10:02 am
#16
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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!
Our Human rights!
Jan 31st 2010, 4:12 pm
#18
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Re: BULLET POINT QUESTIONS FOR FCO
Why, if it is illegal for foreiners to purchase property, did the Consumer Disputes Redressal Commission in Panjim and the National Consumer Court in Delhi order a developer to hand over possesion (with occupancy certificate), to a Uk National who had paid full amount? The developer had sold to them stating there was no problem but when property values began to rise rapidly became greedy and tried to reclaim the villa stating that foreigners could not buy. Both courts rejected this appeal and ordered that the keys were given there and then in court. The sale agreement was made before Goa's change of 'law' regarding foreigners and would have been in a position to LEGALLY register the property. Now they cannot even after a 3 year successful, albeit stressful, court battle.
Feb 2nd 2010, 1:14 am
#19
Joined: Sep 2009
Posts: 4,680
Re: BULLET POINT QUESTIONS FOR FCO
- What action do the Indian Govt propose to take against the advocates, agents and builders who have deliberately misled property buying foreigners, thereby being the perpetrators of breaches of law ?
- Why are the Indian Govt punishing the victims, ie the foreigners owning property, when these victims have consulted licensed professionals to advise on the legality and manage the buying process for them?
Dread - no democracy punishes the victims of crime !
x
- Why are the Indian Govt punishing the victims, ie the foreigners owning property, when these victims have consulted licensed professionals to advise on the legality and manage the buying process for them?
Dread - no democracy punishes the victims of crime !
x
Feb 2nd 2010, 5:39 am
#20
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Re: BULLET POINT QUESTIONS FOR FCO
Same question as Honey bee & a_f_d, given that the Ministry of Home affairs India clearly states :-
“As per the extant instructions of the Government of India, a Tourist Visa can only be granted to a foreigner who does not have a residence or occupation in India and whose sole objective of visiting India is recreation, sight seeing, casual visit to meet friends and relatives etc. No other activity is permissible on a Tourist Visa.”
“As per the extant instructions of the Government of India, a Tourist Visa can only be granted to a foreigner who does not have a residence or occupation in India and whose sole objective of visiting India is recreation, sight seeing, casual visit to meet friends and relatives etc. No other activity is permissible on a Tourist Visa.”
Feb 4th 2010, 1:22 pm
#21
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Re: BULLET POINT QUESTIONS FOR FCO
Will close this thread next Wednesday 10th Feb, and then contact the Embassy.
Feb 5th 2010, 1:56 am
#24
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Feb 9th 2010, 11:35 am
#25
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Re: BULLET POINT QUESTIONS FOR FCO
Bullets from a number of people:
The Goa Gov issued a Public Notice to foreigners in 2006 quite rightly advising them of the need to comply with FEMA, but it omitted any mention of business visas necessary for registration. That unfortunately led to some believing that a business visa was unnecessary.
The RBI were aware in 2007 that website regarding inward transfer of FDI is vague, but this has not yet been corrected, again misleading. The RBI prior to computerisation was simply rubber stamping FDI approvals and not even checking the inward remittance routing; had they done so and picked up discrepancies at that time many people might not have fallen into the trap of thinking that their remittances were correct.
Mr Kishore issued written instructions to Registrars in 2007 outlining specific requirements for registration and knowing that they were in compliance, that was the basis on which companies completed purchases; why when they were in full compliance were they not allowed to register.
There are genuine investors in India's tourism industry who have been suffering from a loss of earnings, and fewer tourists are visiting as a result.
If investors in tourism who have made every attempt to comply with laws in
India are treated as many have been,what steps will the British Gov. take to prevent similar occurances with other inward investment into India.
The local and national governments have been aware of property issues since at least 2005/6; why has this situation been allowed to continue for so long without absolute clarity. What has been done to protect India's guests from falling prey to "illegal" practices.
In law, we believe that there is the question of INTENT- there are people caught up in this situation who took professional advice from consultancies, RBI, professionally qualified advocates, chartered accountants and company secretaries, even before entering into any sales agreement, demonstrating that their intent was to comply with India's legal system. There is also the question of custom and practice - why were properties registered if their acquisition was illegal; why were inappropriate visas issued.
The Goa Gov issued a Public Notice to foreigners in 2006 quite rightly advising them of the need to comply with FEMA, but it omitted any mention of business visas necessary for registration. That unfortunately led to some believing that a business visa was unnecessary.
The RBI were aware in 2007 that website regarding inward transfer of FDI is vague, but this has not yet been corrected, again misleading. The RBI prior to computerisation was simply rubber stamping FDI approvals and not even checking the inward remittance routing; had they done so and picked up discrepancies at that time many people might not have fallen into the trap of thinking that their remittances were correct.
Mr Kishore issued written instructions to Registrars in 2007 outlining specific requirements for registration and knowing that they were in compliance, that was the basis on which companies completed purchases; why when they were in full compliance were they not allowed to register.
There are genuine investors in India's tourism industry who have been suffering from a loss of earnings, and fewer tourists are visiting as a result.
If investors in tourism who have made every attempt to comply with laws in
India are treated as many have been,what steps will the British Gov. take to prevent similar occurances with other inward investment into India.
The local and national governments have been aware of property issues since at least 2005/6; why has this situation been allowed to continue for so long without absolute clarity. What has been done to protect India's guests from falling prey to "illegal" practices.
In law, we believe that there is the question of INTENT- there are people caught up in this situation who took professional advice from consultancies, RBI, professionally qualified advocates, chartered accountants and company secretaries, even before entering into any sales agreement, demonstrating that their intent was to comply with India's legal system. There is also the question of custom and practice - why were properties registered if their acquisition was illegal; why were inappropriate visas issued.
Feb 10th 2010, 2:19 am
#26
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Re: BULLET POINT QUESTIONS FOR FCO
[B]I have sent our email to Simon Ferrand to-day
Just had an automated reply Simon is away until 15th February.
Just had an automated reply Simon is away until 15th February.
Last edited by noni; Feb 10th 2010 at 3:57 am.
Feb 10th 2010, 4:18 am
#27
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Re: BULLET POINT QUESTIONS FOR FCO
Thank you Noni for all your hard work
Feb 10th 2010, 9:24 am
#28
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Re: BULLET POINT QUESTIONS FOR FCO
Feb 10th 2010, 10:06 am
#29
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Re: BULLET POINT QUESTIONS FOR FCO
As quite a few of you know I have not been on site for a while due to a mental health problem caused solely by the Goa property issue ( Thank You so much Goa for your caring democratic, catholic ways !
).
I don't know if the below may help in the struggle for justice
but it has the private offices,emails and phone numbers of contacts like David Miliband, Baroness Kinnock on it if you scroll down;
http://www.cabinetoffice.gov.uk/mini...ments/fco.aspx
Good Luck
K-C
).I don't know if the below may help in the struggle for justice
but it has the private offices,emails and phone numbers of contacts like David Miliband, Baroness Kinnock on it if you scroll down;http://www.cabinetoffice.gov.uk/mini...ments/fco.aspx
Good Luck
K-C
Feb 10th 2010, 3:39 pm
#30
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Posts: 8,227
