Steve Martin

Thank you Douglas, I'm still going ahead with my purchace and was wondering if anyone else was.

Steve

karlq

hi steve,welcome ,ive purchaced a villa just down the road from your development, its a acron site,called villa eva. we are still going ahead with ours, payed my last payment on monday,we cant wait till march when its complete c u karl & jenny

noni

##:curse:
Yes! no news is good news, if I was like you and my husband, but I want to see the results in black and white, am not patient as you can see from some of my threads I am up at 3.00 in the morning. I have tried to be laid back, what will be will be, We all expect to pay a bribe ( sorry penalty) can you please tell me which site you read this on Thanks.

I don't know what to say about the Visa's I have been told by friends who have gone to the London Embassy with all their papers in nice tidy files - that they don't want to see them, and have been given 180 days tourist visa, I hope you are right that they are giving one year x. Another point not mentioned when we bought - this will start douglas off - was that we had to be retired to purchase. Now I know you are all going to say rubbish - but when we were interviewed by our Advocate, we had to furnish the dates we retired, as that (so he said) was why we wanted to purchase. Nobody told us that at anytime.

noni

Gosh imagine an UK Solicitors fees for the time it will take him

Douglas M

Hi Steve,

Dont quite understand your response, are you an nri or pio or resident FN?

regards
douglas

Douglas M

Hi karlq,

You havnt purchased anything either, so please stop misinforming .

douglas

karlq

doug mind your own bussiness,not talking to you, nosy old git ,get a life away from the computer, the indians will still find you in the malaisian jungle ,who are you tri ing tos haft out there

Douglas M

Hi Noni,

Ref the retirement bit in your last para, i am not going to say rubbish.
In order to qualify under FEMA as resident FN, in addition to doing the 183 + days, you had to have an intention to stay for an undetermined period of time. So if you had to go back to work next week you couldnt genuinely make that claim.

That is why people who were retired stated they were (as i did) and we all thought everything was hunky dory.

However although retirement fits the FEMA requirement of stay for an undetermined period, it doesnt apparently fit the purpose to stay rule, which essentially deals with profession or vocation.

Now the authorities are saying retirement is not a suitable purpose, maybe it never was.

Moving on to the basic cause now, the more i am on this site, the more idiots i come across (Not You) and the more i understand why the authorities wish to exclude FNs.

Fascinating eh

kind regards

douglas

Douglas M

hi karlq,

Please dont be abusive, we only know you as the few paras that appear with your name on, as above. Incoherent too. Not a favorable impression.

You are constantly misinforming on a public site and i and others have every right to challenge you.

If you cant tell the difference between a lease and a sales deed, even when it has been explained to you several times, thats your business. As long as you dont try and convince us otherwise on a public site.

If you cant do basic arithmetic thats fine, as long as you dont come on a public site and try and tell us that £15k holidays are free.


regards
douglas

a_f_d

Douglas said Are you sure you're not over-egging the pudding/ gilding the gingerbread there Douglas? I have never seen that said officially anywhere.
FEMA says 'any other purpose which would itself indicate an intention...' and retirement seems to me prima facae to fit that, and I'm told there is no case law to the contrary.
AndyD 8-)#

noni

Now children - Just thought I would mention about being retired, the developer made the point when we were seeing the Advocate to tell him we were retired. Quite a few of the others involved are a lot younger than us.

Wonder how Dicky is enjoying his holiday - and whether he has bought a holiday home in France.

Douglas M

Hi a-f-d

How else would you interpret -

"As per the Ministry's instructions the foreigners have to spend their retired life in their own country"

"In view of the above, you are directed to leave india immediately within 15 days of the receipt of this letter. kindly inform the date of your departure as the same is required for onward submission to the Home Dept. Govt. of Goa "

Yours faithfully

(Smt Rina Torcato)

Dy supdt of police &
Foreigners Registration Officer
Panaji- Goa

a_f_d

noni said iirc it was in Heraldo
I'm sure your lawyer will have told you this but if you are being investigated for some breach of FEMA the penalty is a fine (nothing about confiscation of property) not exceeding three times the breach.
The meaning of this is fairly clear in the case of FE offences but less clear in the case of property. One lawyer I spoke to said it was inconceivable that the offence would be considered as equating to the value of the property.

AndyD 8-)#

a_f_d

I would interpret it as imaginative and non judicial (but compelling in the way that a kalashnikov or a jackboot is compelling).
As you and others have said there is nothing that can be done about such behaviour unless you have the patience and resources to take it to the appellate courts (to judge by the recent case, the High Court of Bombay in Goa is not High enough)

AndyD 8-)#

a_f_d

further to Douglas' confusion about documents that aren't quite leases or sales deeds (e.g. those referred to as 'Agreements of Sale'):
I have been collecting snippets from various Indian official sites for quite a while now and just came across this in my archives (sorry about the long post):

B. "PERSON RESIDENT IN INDIA"

"A person resident in India", shall include any of the following

(I) A person who has been residing in India for more than 182 days, in the
last financial year. This means if a person has to be assessed, as to
whether he is person resident in India, for any offence committed in August
2001, then he should be residing in India for more than 182 days during
April 2000 to March 2001

(II) Any person or body corporate registered or incorporated in India, or

(III) An office, branch or agency in India owned or controlled by a person
resident outside India, or

(IV) An office, branch or agency outside India owned or controlled by a
person resident in India.



However, in following cases a person shall not be person resident in
India", even if he is residing in India for more than 182 days in the last
financial year:



(i) A person who has gone abroad, for :

* Taking up employment outside India or
* For carrying on any business outside India, or
* For any other purpose, which itself would indicate his intention to
stay outside India for an uncertain period.

(ii) Similarly, a person who has come to India for any purpose except :

* Taking up employment in India, or
* Carrying on any business in India, or
* For any other purpose, which itself would indicate his intention to
stay in India for an uncertain period.


C. PERSON RESIDENT OUTSIDE INDIA

Simply putting it, "a person resident outside India" means "a person who is
not resident in India"
*****************
FEMA - more...

The definition of "Residential Status" under FEMA has gone through
considerable change. It has now been made compatible with the definition
provided under "Income Tax" Act.

The residential status is now based on the physical stay of the person in
the country. The period of 182 days as provided, indicates that it is not
necessary that there should be a continuos period of stay. The period of
stay would be calculated by adding up all the days of stay of the
individual in the country.

An Indian resident becomes a non-resident when he goes abroad and takes up
a job or engages in business.
****
IMMOVABLE PROPERTY IN INDIA

Earlier, under FERA, a foreign citizen could acquire or transfer immovable
property in India only after seeking permission from the Reserve Bank.

Now, under FEMA, the control of Reserve Bank is determined by the
residential status of a person. Only a non-resident as defined within the
meaning of FEMA would require permission of the Reserve Bank to acquire or
transfer an immovable property in India. The distinction based on
citizenship has been abolished and that based on residentship has been
introduced.


**************
PURCHASE OF PROPERTY
A contract for the sale of immovable property is a contract laying down
that the 'Sale' of such property shall take place on the terms settled
between the parties in the said contract. Such contract for sale does not
create any interest in or charge on such immovable property. The contract
for sale does not result in any transfer of ownership. However a sort of
obligation is created in respect of the ownership of the property.
The transfer by way of sale must be in exchange for a price. It has been
held that price normally means money. The price can be paid fully in cash
or it can be partly paid and partly promised to be paid in future. The
price can be fixed by the agreement between the parties before the
conveyance of the property. The price is to be fixed reasonably.
If the consideration for the sale is more than Rs.100/- then the instrument
must be registered under the Registration Act, 1908.
(as amended, and Stamp Duty paid -AndyD)