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GOA - Buyer Beware!

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Old Feb 17th 2009, 4:19 am
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Default Re: GOA - Buyer Beware!

Originally Posted by noni
Totally agree with you and I should say 99.99% of the BE site do but it doesn't work out here like in the UK. .1% belong to India Mike site, and there nobody would agree with us.
We can moan and rant and rave but no one is going to help us either the Goan advocates or the British Government.We also were advised to make a will.That fiasco alone at the sub registrar should have told us what a ***** up the whole bureaucratic system in Goa is.What a laugh that was.It was a public will read out at the sub registrar in front of all and sundry who were registering births deaths and getting married.I never laughed so much in my life.I have never attended anything so funny.The will cost us the equivalent of £80 English quid,mind you it was worth this just for the experience.But what was it all for.Our kids are never going to be able to own the property.It isn't worth the paper it was written on:curse::curse::curse::curse::curse::curse:
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Old Feb 17th 2009, 4:22 am
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Default Re: GOA - Buyer Beware!

Originally Posted by SuckSeed
I have been following the threads for some time and have a question for the Learned ones.
Having noticed in one of Nonis threads that individuals may have taken out Goan wills (persumably to protect their property). Is it possible therfore for an indian person to will their property to FNs and would the Indian government allow it to happen. Also is it possible for an indian person to make a gift of property to a FN. Would this be covered by FEMA?
I think there is something in FEMA about this and Im pritty sure the answer to gift or leave in a Will is NO.im open to being shouted down by the legal beagles on the site Andy???????Im sure you will put me in my place
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Old Feb 17th 2009, 4:50 am
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Default Re: GOA - Buyer Beware!

Originally Posted by Goacrazy56
We can moan and rant and rave but no one is going to help us either the Goan advocates or the British Government.We also were advised to make a will.That fiasco alone at the sub registrar should have told us what a ***** up the whole bureaucratic system in Goa is.What a laugh that was.It was a public will read out at the sub registrar in front of all and sundry who were registering births deaths and getting married.I never laughed so much in my life.I have never attended anything so funny.The will cost us the equivalent of £80 English quid,mind you it was worth this just for the experience.But what was it all for.Our kids are never going to be able to own the property.It isn't worth the paper it was written on:curse::curse::curse::curse::curse::curse:

An Advocate who Andy holds in high esteem advised us to make a Will to save children getting into any legal difficulties in having the Apartment in their names when were 'called home to the lord!. We were at Mapsa Registry Office from 9.30 with an Advocate and two witnesses until 4.15. and sorry GC I did not find it funny I :curse:was :curse::curse: Fancy being advised to bequeath property we should not have owned in the first place.
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Old Feb 17th 2009, 4:57 am
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Default Re: GOA - Buyer Beware!

Originally Posted by noni
An Advocate who Andy holds in high esteem advised us to make a Will to save children getting into any legal difficulties in having the Apartment in their names when were 'called home to the lord!. We were at Mapsa Registry Office from 9.30 with an Advocate and two witnesses until 4.15. and sorry GC I did not find it funny I :curse:was :curse::curse: Fancy being advised to bequeath property we should not have owned in the first place.
I know where you are coming from Noni I totally agree the same happened to us but we were only an hour in there it was the public reading out of the Will to all and sundry who had not got a clue what was going on.Like I said our kids are never going to own this property as we can't own it.It's all b*ll*cks another way the advocates get money out of us:curse::curse::curse::curse:
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Old Feb 17th 2009, 10:29 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by Mzee
I found this link which seems (towards the end of the article) to imply that it is a complaint about the purchase of agricultural land .. It refers to 482 transactions - worrying.

http://timesofindia.indiatimes.com/G...ow/3945093.cms
The complaint is unfounded against them as the land their house was built on was converted to residential in 1920, the previous owner of the house they purchased and other houses on the plot has come forward with all the relevant documents and they have submitted them to the DofE
A lot of the Goan community have no idea what is going on and the guys have had lots of support from them, as indeed they risk losing their homes if found to be agricultural land!!!!!
The whole system is a big joke, the guys went to the RBI and where told if they have the deeds in their name and live in the property they can sell no problems!!!!!and if you send copies of your deeds with a letter saying that it is your intention to sell they have said they will send a letter saying its ok lol
watch this space because i'm sending my letter tomorrow.
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Old Feb 17th 2009, 10:33 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by poppetjay
The complaint is unfounded against them as the land their house was built on was converted to residential in 1920, the previous owner of the house they purchased and other houses on the plot has come forward with all the relevant documents and they have submitted them to the DofE
A lot of the Goan community have no idea what is going on and the guys have had lots of support from them, as indeed they risk losing their homes if found to be agricultural land!!!!!
The whole system is a big joke, the guys went to the RBI and where told if they have the deeds in their name and live in the property they can sell no problems!!!!!and if you send copies of your deeds with a letter saying that it is your intention to sell they have said they will send a letter saying its ok lol
watch this space because i'm sending my letter tomorrow.
We look forward to hearing your reply - and if we can rely on their reply!!!
or will it be more mumbo jumbo
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Old Feb 18th 2009, 12:41 am
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Default Re: GOA - Buyer Beware!

Heard to-day very worrying for those who have bought here, that a person in Candolim has been given notice to appear before the court next week to say if/how much black money they paid the builder, as part of their purchase price and to account for their finances.
Of course no-one on here would have done such a thing, but thought you should know.
Please don't ask for more details............................

Last edited by noni; Feb 18th 2009 at 2:55 am. Reason: taken out personal details.
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Old Feb 18th 2009, 4:01 am
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Default Re: GOA - Buyer Beware!

'For Sale' signs are appearing on properties owned by FN's who have Registered their Deeds. Is there any way in which they can legally sell at this particular time? If they are not under investigation by the D of E we have been told that they will when the sale proceeding starts. Any answers?
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Old Feb 18th 2009, 5:51 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by morse
'For Sale' signs are appearing on properties owned by FN's who have Registered their Deeds. Is there any way in which they can legally sell at this particular time? If they are not under investigation by the D of E we have been told that they will when the sale proceeding starts. Any answers?
IMHO, FN's who place their property For Sale are further unnecessarily lining the pockets of Estate Agents and Advocates. Such action will also inevitably bring them under the scrutiny of the Department of Enforcement.

No single investigation by the D of E (to our knowledge) has had an "all clear", No Objection Certificate, or legal endorsement of the legitimacy of their property purchase. To allow FN's to sell would be tantamount to admitting the legality of the initial purchase, and this does not appear to be the remit of the D of E. It would also overrule the State Governments instruction to the Sub Registrars.

According to the illegal, unconstitutional, and as yet unsigned (by the President of India) amendment (22A) to the Registration Act (1908) by the State Government of Goa, all Sub Registrars have been instructed to treat purchases and Sales by FN's as "against the public interest" (i.e; ignore them).

We know of an NRI couple who recently sold their holiday apartment in Candolim ("had enough of Goa"). They had no problem since they were NRI's with registered Sale Deeds selling to NRI's. Incredibly, even at this late stage and with so much negative publicity about the FN property scandal, two of their prospective buyers were FN couples who had no NRI, PIO or OCI status. The Sub Registrar was quick to inform the sellers that they would not consider registered purchase by FN's. Evidently, the Estate Agent who has an office on the Baga Road had been misleading the potential purchasers.

Likewise, we know of FN's who have marketed, found their eligible buyer and, after all that stress been declined at the Sub Registrars.

If anyone knows of a way to sell a freehold villa with Registered Sale Deed to a NRI, PIO, OCI or Indian (not bought from a builder), and get the Sub Register to endorse the paperwork, I am open to suggestions (not hearsay, and preferably by p.m).Thanks.
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Old Feb 18th 2009, 10:04 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by babu1
IMHO, FN's who place their property For Sale are further unnecessarily lining the pockets of Estate Agents and Advocates. Such action will also inevitably bring them under the scrutiny of the Department of Enforcement.

No single investigation by the D of E (to our knowledge) has had an "all clear", No Objection Certificate, or legal endorsement of the legitimacy of their property purchase. To allow FN's to sell would be tantamount to admitting the legality of the initial purchase, and this does not appear to be the remit of the D of E. It would also overrule the State Governments instruction to the Sub Registrars.

According to the illegal, unconstitutional, and as yet unsigned (by the President of India) amendment (22A) to the Registration Act (1908) by the State Government of Goa, all Sub Registrars have been instructed to treat purchases and Sales by FN's as "against the public interest" (i.e; ignore them).

We know of an NRI couple who recently sold their holiday apartment in Candolim ("had enough of Goa"). They had no problem since they were NRI's with registered Sale Deeds selling to NRI's. Incredibly, even at this late stage and with so much negative publicity about the FN property scandal, two of their prospective buyers were FN couples who had no NRI, PIO or OCI status. The Sub Registrar was quick to inform the sellers that they would not consider registered purchase by FN's. Evidently, the Estate Agent who has an office on the Baga Road had been misleading the potential purchasers.

Likewise, we know of FN's who have marketed, found their eligible buyer and, after all that stress been declined at the Sub Registrars.

If anyone knows of a way to sell a freehold villa with Registered Sale Deed to a NRI, PIO, OCI or Indian (not bought from a builder), and get the Sub Register to endorse the paperwork, I am open to suggestions (not hearsay, and preferably by p.m).Thanks.
Most informative as usual. Cheers.
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Old Feb 20th 2009, 12:32 am
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Default Re: GOA - Buyer Beware!

yes,FEMA covers gifts and bequests:
gifts to non-resident FN's are a No!
BUT non-resident FN's CAN inherit from residents or from non-residents who were resident when they bought.
FEMA is readily available on the web, and is easy to understand - why not read it all for yourself?

AndyD 8-)#
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Old Feb 20th 2009, 12:38 am
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Default Re: GOA - Buyer Beware!

actually this is quite a reassuring article - apparently a constitutional amendment needs a 2/3rds majority so that's not going to happen; and it also notes (for the first time in print afaik) that the Goa amendment to the Registration Act needs Presidential assent.

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Old Feb 20th 2009, 5:58 am
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Default Re: GOA - Buyer Beware!

Originally Posted by johnny five
Heard to-day very worrying for those who have bought here, that a person in Candolim has been given notice to appear before the court next week to say if/how much black money they paid the builder, as part of their purchase price and to account for their finances.
Of course no-one on here would have done such a thing, but thought you should know.
Please don't ask for more details............................
I am afraid you have got your facts wrong. The person concerned has not been told to appear in court but has had the normal DE letter. Unfounded gossip like this helps no one.
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Old Feb 20th 2009, 1:28 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by More
I am afraid you have got your facts wrong. The person concerned has not been told to appear in court but has had the normal DE letter. Unfounded gossip like this helps no one.
May be it is a different guy. I have heard to same story and know the people concerned. See what happens in a few weeks - if anything
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Old Feb 20th 2009, 3:12 pm
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Red face Re: GOA - Buyer Beware!

Originally Posted by a_f_d
yes,FEMA covers gifts and bequests:
gifts to non-resident FN's are a No!
BUT non-resident FN's CAN inherit from residents or from non-residents who were resident when they bought.
FEMA is readily available on the web, and is easy to understand - why not read it all for yourself?

AndyD 8-)#

Ok, I am willing give it a try only because you said it was easy to understand and I will read it all. I wonder how many others have actually read it and really understood it
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