Re: In To-day's Newspapers
 

Though not ruled upon by the Supreme Court, have the powers that be in Delhi not already deemed the Goa Government instructions to Registrars as illegal per the Registration Act, yet nothing has changed in Goa?

So, by this ruling, my Registered Deed which was backed up with an affidavit to confirm my status as "person resident in India" within FEMA is now null and void, and that's official?

You are better informed, but I do not see the positive side of this for FN's.

My prestigious and honourable Advocate has been held back by me for more than one year to challenge in the High Court the legality of the fact that the Registrar at Mapusa refuses to transfer the sale of my property into an Indian buyer's name with clear title going back to about 1930.

Likewise, the refusal ("application pending") to mutate into Form I & XIV (since 2006 when Kishore brought the shutters down) is IMHO another illegality against foreigners, though I am advised it is not a barrier to completing the sale.

You have already admirably proved the Goa State Government to be in contempt of Central Government legislation regards transfers, but Goa continues to play by its own rules.

Please expand on the positives in this ruling. Thanks.

Re: In To-day's Newspapers
 

Why does everyone panic in these situations??

I'm not sure there are too many positives, for FN's or Indians. It certainly doesn't mean that your Registered Deed is now null and void and nothing has been said to imply that.

Why have you held back your lawyer? Indian law works the same as the UK. Once a precedent has been set all lower courts have to abide by that ruling. So get going

The general way that property passed through generations was an Agreement of Sale by the builders, followed by a General Power of Attorney, then Will. The SC has ruled that transfer by a General Power of Attorney is invalid.

The way to transfer an Agreement of Sale is by a deed of assignment and that is not affected.

Re: In To-day's Newspapers
 

I do not have an Agreement of Sale and I did not buy from a builder, this is an old house, very old in Goan terms.

I have an all singing and dancing Registered Sale Deed. I do not believe for a millisecond that Indian law works in the same way as UK law, but my respected Advocate might wish to make a name for himself in the High Court. He has nothing to lose except the case and I repeat that he is an honourable man, though maybe now wishing to make a name for himself in High Court cases.

I, on the other hand (by raising my profile), will invoke the distorted and self seeking, money pocketing interests of countless other persons who will by default flag my situation up as vulnerable, strong possibility of confiscation/ buyout at knock down prices.

That's the dilemna. Also, I want to exit Goa and am not content to stay there in a legal no man's land limbo.

Re: In To-day's Newspapers
 

That was my point. You have a Registered Deed of Sale as do I.

According to FEMA 1999 a PIO can
"
(d)
transfer any immovable property in India other than agricultural land/farm house/plantation property, by way of sale to a person resident in India;





(e)
transfer agricultural land/farm house/ plantation property in India, by way of gift or sale to a person resident in India who is a citizen of India;





(f)
transfer residential or commercial property in India by way of gift to a person resident in India or to a person resident outside India who is a citizen of India or to a person of Indian Origin resident outside India."

Now it doesn't come much clearer than that. It may not help any non PIO's but it is pretty clear that you can sell (if you are a PIO) so get your lawyer onto it.

I can't find it immediately but I think there may be a restriction later imposed - or hidden somewhere else in the act, that requires a PIO selling property to another PIO to obtain RBI permission first

Re: In To-day's Newspapers
 

I am not a PIO though I may consider a marriage to an Indian (if there's one who'll have me!) as a way out of this (with all the complications that would bring upon me regards family, in laws, etc...!).

Even if I did so, my PIO status would have to be rertrospective to the date of purchase and that would be unethical if not illegal.Hah!

Try telling that to the Goa Government who are perversely fond of illegal retrospective directives towards their civil servant peons at the Registrar and Mamladtar Offices, but they care neither for ethics nor legality.

They are a bought job insecure disgrace who have already pledged their voting alleigance to whichever political mafia has offered them security of tenure in that position.

Re: In To-day's Newspapers
 

As far as I understand it, the only way for me to "sell" my property is to enter into a Memorandum Of Understanding, legally drawn up and given Notice in the press.

By that, I must have a very empowered (politically and financially) Indian buyer who is confident enough to hand over the money on the basis that it will all get sorted out at some indefinite future date. I have known this system to work for some, so far.

If I sign away occupancy prior to full payment, I am at the mercy of the Indian buyer's intentions which may or may not prove honourable. They could take possession and tell me to go fish for the balance owing.

Both parties - buyer and seller - are at a high degree of trust of each other in this situation and it may all end up in beers.

Re: In To-day's Newspapers
 

I'll come back to this tomorrow when I'm fresh - quite a lot of what has been said above is just wrong, and bears no relation to my original post q.v.

AndyD 8-)#

Re: In To-day's Newspapers
 

http://www.epaperoheraldo.in/Details...dat=10/15/2011

ED issues notices to 30 foreigners!!

Re: In To-day's Newspapers
 

This wouldn't be the first time the Herald had reprinted old news (in fact I think I've said exactly that before - tried a forum search but can't find it).
If there are thirty new Show cause notices out there then then surely at least one or two will have been received by people on this forum.
This takes on considerable importance bearing in mind the assurance given by BHCI earlier this year, so:
HAS ANYONE OUT THERE JUST HAD A SHOW CAUSE NOTICE?
If so, please let us know, and tell BHCI immediately!!!

AndyD 8-)#

Re: In To-day's Newspapers
 

Many would not have arrived in Goa yet, a nasty shock for us/them if it is true.

Re: In To-day's Newspapers
 

Im not a property owner, but this is just getting too much, i have friends who are, what do they want, BLOOD???

Re: In To-day's Newspapers
 

No dear boy, money - the vague possibility of money will do!

AndyD 8-)#

Re: In To-day's Newspapers
 

Unless you've chapter and verse on that - No!

As goanstay says - this does not apply to Deeds at all.
You may well be right, really my only point was that the SC seem to accept that Registrars should register deeds!
I endorse goanstay's question on this - Why? - and btw you can't just go to the High Court, you must first use the Registrars' appeal procedure then apply to the lower court; so you are at least two years away from a High Court challenge - which is (to say the least) a pity, because your case is the mirror image of mine, I've bought and can't register the purchase; you've registered purchase but can't register a sale - we could have had a pincer movement!!!
I, having raised my profile / put my head above the parapet have (so far) invoked no distorted self seeking interests (nor any retribution) - so why should you?.
If you still have a prospective purchaser, and if you have a documented refusal from the sub-registrar (in which case you might rattle his cage a little by suggesting that he is in Contempt of the Supreme Court) - then I suggest you follow the advice of your lawyer and the BHCI and others and use the courts.

AndyD 8-)#

Re: In To-day's Newspapers
 

Family demands action over 'filthy' Goa resort

Rotherham Advertiser. (UK). Lee and Nicolette Shaw and their 15-year-old son Billy have told of their nightmare holiday in Paradise Village Beach Resort, Calangute, Goa, dubbed in Trip Advisor "parasite village" … They have teamed up with other horrified holidaymakers and called in solicitors to demand that tour operator Thomas Cook stops sending customers to the resort :thumbdown:

www.goanvoice.org.uk

Re: In To-day's Newspapers
 

Goa - here, the contrasts are enormous

In India Goa province carpet bombed all the senses, and extremes unfolds for the viewer.

www.goanvoice.org.uk