erinsgirl

I'm new to the forum having just heard about it. Have been resident in Goa for 3 years on a long term Visa ( like gold dust I know). I think programmes like the You and Yours one are important even if they are not 100% accurate. They help raise awareness of our plight.

Yes I agree to those who comment that we are small beer. In the greater scheme of things in the world like wars, earthquakes, cyclones etcetc that is true. This is a small scale problem. I can also understand that people in the UK who are struggling with mortgages and having their homes repossessed are very unlikely to show us much interest or sympathy.

But nevertheless for us as individuals who have committed ourselves here financially in property ( using all of our life long savings as we have ) it is a grim situation and we need to share experiences and use this forum as an outlet for the anger and frustration and fear that we all must feel.

I can accept that Goans may wish to change the laws and prevent foreigners buying in the future. It is their right to do so. What I cannot accept and believe it is against natural justice is to retrospecitvely change the legislation so that even though we complied with what was in force in previous years it is no longer valid.

The UK government tried this approach recently with the Special workers scheme and failed when the Court of Appeal found against them. Is it too much to hope that such natural justice might be accorded us here in India? We must use any means within our power to support our case. So I support tactics such as writing to MP's, emailing TV channels and radio, writing articles to the press etc etc.

No one will look after our interests except ourselves.

poppetjay

To my knowledge no other monies have been given, both sellers are in receipt of their money and one of them is off to another country to live, all parties are very happy.all had letters from the RBI, starting they have been resident in this country.
All been interviewed by the DofE,

a_f_d

How the hell did they get those? - I have only ever heard of the RBI issuing letters saying that they do not decide on resident status.

AndyD 8-)#

a_f_d

It isn't actually; Goa is a State of India and ownership of property is on list 2 of the Constitution (both State and Union can pass laws, but Union law always prevails). Union law - FEMA in this case - already defines who can buy property (basically, resident individuals and companies and branch / subsidiary offices of foreign companies).

AndyD 8-)#

goodoldharry

Hi people - its great to see you all talking about the issues affecting us all ....but i think its about time we started to bond together......the issue for me....and I have lived here for only 5 years is that so far I have been looked at by the panchayat....dont own my deeds ....do live in my house .....my property is still in the developers name.....but no one is yet knocking on my door giving me a bad time....I have had x visas since I moved out and continue to get them....last one in February from Birmingham......but the issue is and I keep seeing exocets thrown at those on this forum giving very good advice and information...............................What was the law at the time you decided to commit and what has changed that to destable your original thinking............all I see are the big fish who bought vast tracts of land being investigated........and yes there are those at the lower end of the scale being asked to leave......but at no time am I seeing.....dont come back....or we are confiscating................for me the issue is.....and I repeat!!!!!!!!!!!!!what was the law at the time and now how can I find a way to get together with other like-minded people who may wish to argue this case legally through the Indian Courts.....maybe expensive but balance that against your losses....cos its only by getting together that our voice grows....please discuss and let me know if you would like to begin that process of seeking POSITIVE legal redress for the illegalities being heaped upon us at this time....kindest

erinsgirl

Thank you for pointing out my error re State versus Union.

However I am confused. I read frequently in the news that some Goans wish for the State of Goa to apply for special status within the Union ( which they apparently could have sought when the Portuguese left but did not ). There seems to be debate as to whether they should now seek this status. They refer to other States which have this status, such as Jammu and Kashmir and I have always assumed that this special status confers the right to have different provisions in some matters including who can buy property.

Can someone enlighten me on this please.

Remy-Ireland

A very good point in question.

a_f_d

I think this is mostly wishful thinking - I know of no reason why they would have been allowed special status, indeed there was considerable opposition to them being granted statehood instead of remaining a Union Territory.
J&K and some other northeastern states have special status because they are practically war zones, also property in J&K had special provisions under British rule** and this was continued after independance (J&K are specifically and uniquely excluded from the Transfer of Property Act, Goa was specifically included into that Act and other Acts - such as the Registration Act - that specified geographic limits).

** Hence the proliferation of luxurious houseboats which were mainly built for the British who were prohibited from owning land.

AndyD 8-)#

wheatsheaf

Special status: some suggest there are many legitimate reasons for 'special status'. WIthout even considering historical fact, one has only to experience and know Goa to see why. It is akin less to the J & K scenario, and more to Quebec in Canada where the precedence lies.

poppetjay

I dont know if anyone has mentioned or found this clause in the FEMA act but this is what is stopping us from selling/ or doing anything and the goan government have found it
it would appear that if you have a visa of any kind 1,2,5 10years the clause states you are "certain to leave india" to renew that visa so technically we should have never been allowed to buy property as we are always certain to leave so cant be resident.
It is a small violation of FEMA and is to be challenged in the high court, but those of which have violated the other FEMA rules, havent done 183 days, havent transferred money into india via banks etc it would appear this is a more serious situation.
People who have opened business's different case again as the tax man will be involved which is a different dept.
Your residency permit is purely for the purpose of knowing where you are for central government use only.

a_f_d

What clause is that??

AndyD 8-)#

Remy-Ireland

I don't think its FEMA but some rule of the Ministry of External Affairs.
They have a website with a lot of info but can't make head nor tail of it.
Its my belief that we are not just contending with FEMA but other rules and clauses with reference to visas, intention to stay etc from the MEA.

At the end of the day, i reckon the indian government will always manage to pull out a clause or rule from somewhere that will always work in their favour......i guess thats their perogative......be it right or wrong.

a_f_d

No, in theory at least they are bound by the rule of law.
I don't believe that there is a law that says you are can not be resident if you are certain to leave India.
FEMA does require (for Residence) that you go to India for ... any [other] reason that would show an intention to stay for an uncertain period.

but we've been around this enough times surely?

AndyD 8-)#

poppetjay

Beg to differ here, there is a clause that has been found in FEMA to state that if you are "certain" to leave india like all off us are then technically we can never actually be resident and should have never purchased property, the "uncertain" bit is if you are married to an indian or of NRI.

a_f_d

which clause where?
I am very very sceptical, I have read just about everything available on this topic, including everthing put out by the RBI and I have never heard of such a clause, neither has it ever been mentioned by any advocate I have spoken to - I think someone is spreading FUD (Fear, Uncertainty and Doubt).

This is pretty bloody important so if you have chapter and verse please post it.

AndyD 8-)#