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Re: GOA - Buyer Beware!
[QUOTE=ruskin;7727406]Absolutely mywaygoa,
How can so many people have bought "illegally" as the Goan govt. put it?They did use advocates as they would in the UK. Why are the Goan Govt. not looking at what has happened with these advocates and why they were for some reason unable to ensure legal conveyance of property? Why are all purchasers assumed guilty before investigations are complete? Great point Ruskin ! I don't think the British gov have the foggiest on whats going on or perhaps they do but don't care as long as the trade to India is good ! :curse: K-C |
Re: GOA - Buyer Beware!
Can we be clear about this, once and for all. The word 'visa' is not mentioned once in FEMA, the presiding legislation over property purchase in India.
The requirement for a foreigner to buy immoveable property in India within FEMA is to meet the definition of 'a person resident in India' at time of purchase. This does involve a stay of more than 182 days in the financial year before purchase, but 'visa' or what type of 'visa' , 'tourist' or otherwise ,is never mentioned. This is a major factual innacuracy dragged out by politicians, is incorrectly reported and quoted in the media, becomes a muddled perception amongst the populace, and is even time wastingly used by the Directorate of Enforcement in their gruelling interviews. They all love to trot out with hysterical outrage and no grasp of the facts the line that 'some of these illegal foreigners even bought on a tourist visa!' It takes the best efforts of an advocate at a D of E interview to get these 'professional persons' of the D of E to accept the self evident reality that the word 'visa' does not feature anywhere within FEMA. |
Re: GOA - Buyer Beware!
Originally Posted by ruskin
(Post 7727406)
Absolutely mywaygoa,
How can so many people have bought "illegally" as the Goan govt. put it?They did use advocates as they would in the UK. Why are the Goan Govt. not looking at what has happened with these advocates and why they were for some reason unable to ensure legal conveyance of property? Why are all purchasers assumed guilty before investigations are complete? Of course if the properties are confiscated the property can be sold again, a new meaning to recycling. Two Goan friends have said to me today that the UK Govt. should make all goans leave after 180 days and stop them from owning property. They are really concerned about their futures. I don't think that is right and would not support such action, however, it is time the UK govt. reacted strongly as the Russian govt have. Great about the petition, lets hope for the best and carry on hanging on. r According to the papers the main culprits were the Russians buying large tracts of land. Who sold it to them members of the Goan Government and their families. Russian Government were onto the Indian Government very quickly to defend their people, whether they were in the right or wrong. UK Government - could not care less and 99% of UK residents just bought a small apartment/villa. Why are Advocates not being looked at? Register Officer, who took the fees and taxes. Estate Agents - who are still advertising in UK. and why only some of the people who have registered their properties being investigated. Many have bought from the same builders, paid through the banking channels, exactly the same 5 year visa and they are not being looked at, at all. I bet these are the ones who will not sign the petition. If our Advocate comments are correct when they come to sell they will be immediately investigated. |
Re: GOA - Buyer Beware!
Originally Posted by morse
(Post 7727852)
Good points Ruskin
According to the papers the main culprits were the Russians buying large tracts of land. Who sold it to them members of the Goan Government and their families. Russian Government were onto the Indian Government very quickly to defend their people, whether they were in the right or wrong. UK Government - could not care less and 99% of UK residents just bought a small apartment/villa. Why are Advocates not being looked at? Register Officer, who took the fees and taxes. Estate Agents - who are still advertising in UK. and why only some of the people who have registered their properties being investigated. Many have bought from the same builders, paid through the banking channels, exactly the same 5 year visa and they are not being looked at, at all. I bet these are the ones who will not sign the petition. If our Advocate comments are correct when they come to sell they will be immediately investigated. If so how did your interview go? |
Re: GOA - Buyer Beware!
Not had the interview yet but heard some unpleasant reports, only a matter of time, but no worrries, we've been doing our bit drumming up signatures.
We have registered Sale Deeds and we paid the correct amount of tax and other fees through the State Bank of India and at the sub Registrars office, Mapusa (2005). Nobody there at the time refused to accept our money or told us we couldn't buy. The legal assistant's of both parties were present and involved in the registration process on the actual day of registration. Registration is a lengthy process involving countless signatures, initialings, fingerprints, and those of the Registar and witnesses. It cannot be done in an instant (you return to collect the document after 10 days during which time it has been vetted) and it cannot have escaped the notice of all concerned that we were foreigners! You even have to submit passport sized photos which are permanently affixed to the Sale Deed, FFS! We did not pay any bribes at any time, as is regularly being implied and/or stated by many Goans and NRI Goans in other forums. We had the legal advice of two separate eminent Goan advocates and an interview with the Reserve Bank of India which proved helpful in guiding us to abide by FEMA, but whose permission to buy (RBI) was (and still is) irrelevant. I do not feel that I should carry the blame if the best professional advice of these eminent Goan advocates is now proven to be inaccurate or false, as seems to be the mission of the D of E in their campaign to harrass foreigners. I also do not believe that these particular eminent Goan advocates were mere swindlers deliberately misleading only for their fee. Anyone with even a cursory association with the legal system in Goa/India will know full well that it is rife with confusion, ambiguous interpretation, also giving huge scope for open corruption. Take a look at the Cidade de Goa case and see how easily local Goan financial vested interests (with the collusion of Goan politicians) can drive a steam train through the direction and authority of the Supreme Court, the highest element of the judiciary in India! And they did it with a retrospectively enforced Ordinance! Watch out. Like many other foreigners whose legitimacy of ownership has been put in question (why did this happen so suddenly?) and have been made to feel unwelcome in Goa by the authorities, we would like simply to be allowed to sell and leave this stress behind. Keep making people aware of the petition, and sign! http://petitions.number10.gov.uk/goahomes/ |
Re: GOA - Buyer Beware!
Originally Posted by babu1
(Post 7728068)
Not had the interview yet but heard some unpleasant reports, only a matter of time, but no worrries, we've been doing our bit drumming up signatures.
We have registered Sale Deeds and we paid the correct amount of tax and other fees through the State Bank of India and at the sub Registrars office, Mapusa (2005). Nobody there at the time refused to accept our money or told us we couldn't buy. The legal assistant's of both parties were present and involved in the registration process on the actual day of registration. Registration is a lengthy process involving countless signatures, initialings, fingerprints, and those of the Registar and witnesses. It cannot be done in an instant (you return to collect the document after 10 days during which time it has been vetted) and it cannot have escaped the notice of all concerned that we were foreigners! You even have to submit passport sized photos which are permanently affixed to the Sale Deed, FFS! We did not pay any bribes at any time, as is regularly being implied and/or stated by many Goans and NRI Goans in other forums. We had the legal advice of two separate eminent Goan advocates and an interview with the Reserve Bank of India which proved helpful in guiding us to abide by FEMA, but whose permission to buy (RBI) was (and still is) irrelevant. I do not feel that I should carry the blame if the best professional advice of these eminent Goan advocates is now proven to be inaccurate or false, as seems to be the mission of the D of E in their campaign to harrass foreigners. I also do not believe that these particular eminent Goan advocates were mere swindlers deliberately misleading only for their fee. Anyone with even a cursory association with the legal system in Goa/India will know full well that it is rife with confusion, ambiguous interpretation, also giving huge scope for open corruption. Take a look at the Cidade de Goa case and see how easily local Goan financial vested interests (with the collusion of Goan politicians) can drive a steam train through the direction and authority of the Supreme Court, the highest element of the judiciary in India! And they did it with a retrospectively enforced Ordinance! Watch out. Like many other foreigners whose legitimacy of ownership has been put in question (why did this happen so suddenly?) and have been made to feel unwelcome in Goa by the authorities, we would like simply to be allowed to sell and leave this stress behind. Keep making people aware of the petition, and sign! http://petitions.number10.gov.uk/goahomes/ |
Re: GOA - Buyer Beware!
Originally Posted by noni
(Post 7728094)
Exactly the same as us!
Builder, signed with us, fingerprints of all parties, could not miss we were white, passport photo attached to the deeds. Advocate present, witnesses. What more did they want. |
Re: GOA - Buyer Beware!
.....to take it back from you at a later date???:sneaky:
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Re: GOA - Buyer Beware!
Originally Posted by Veritas
(Post 7723136)
Odd that this company are advertising. For those who remember the Radio 4
Broadcast in July 2008, one Mr Knight of KKI stated that as a result of the "You and Yours" investigations, his company would suspend selling property in Goa. Are they still selling to foreign nationals? " you can sign an indefinite lease with the developer in Goa, its straightforward :confused: and if one you dies or wants to sell you do it via a broker in the UK to get your funds, all pretty straightforward " :eek: at this point I had to put down the phone to Daniel on sales as I needed to pee and to wipe the tears from my eyes ( laughter or anger.. still haven't decided ) :rofl: :frown: |
Re: GOA - Buyer Beware!
I'd just pour yourself a nice pint and thank goodness you don't have to deal with them!!!
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Re: GOA - Buyer Beware!
Originally Posted by goa utd
(Post 7735009)
I'd just pour yourself a nice pint and thank goodness you don't have to deal with them!!!
I'm trying to stay off the wallop till Friday :eek: but its very difficult, "I'm just a guy who kan't say no" Best wishes K-C http://petitions.number10.gov.uk/goahomes/ |
Re: GOA - Buyer Beware!
[QUOTE=babu1;7728068] We had the legal advice of two separate eminent Goan advocates and an interview with the Reserve Bank of India which proved helpful in guiding us to abide by FEMA, but whose permission to buy (RBI) was (and still is) irrelevant.[QUOTE]
hi have copied this from the rbi, it is quite interesting on the rbi permission! 40. If a foreign national is a person resident in India as per the provisions of Section 2(v) (i)B of the FEMA, 1999, does he require approval of Reserve Bank to purchase any immovable property in India ? A.40 A foreign national resident in India does not require approval from Reserve Bank from FEMA angle, but approvals if any required in terms of regulations prescribed by other authorities such as the concerned State Government etc. |
Re: GOA - Buyer Beware!
Originally Posted by noni
(Post 7720785)
Dear *****,
I'm a Bombay-based freelancer who writes the letter from Mumbai column in the Evening Standard. I'm interested in doing a feature or news story in the Evening Standard about the Goan authorities' actions. Could you give me a ring on 00919920543869 to chat about it, Also, if there are any other Brits (London connection a bonus) who are in a similar predicament, please ring me on the same number. Yours, Richard -- Richard Orange Mobile 00919920543869 Fax 00912222824382 UK 07855962669 Skype rworange www.richardorange.net [email protected]__________________ what will be, will be. noffi IMPORTANT ! There is an error on the email address address above, It SHOULD read ; [email protected] |
Re: GOA - Buyer Beware!
goa beware
-------------------------------------------------------------------------------- In view of the fact that the Goan government do not want UK FN's to purchase property in thier country,why not suggest the following to both the UK government and the Goan government The Goan Goverment can reimburse, at the going rate, all people who bought / attempted to purchase property in good faith. but were evidently duped by Goan builders, Goan bank officials, Goan advocates and UK dell boy property agents!! The properties can then be made available to the needy Goans - the ones living under tin sheet, plastic and palm leaved covered rooves. The Goan goverment could view the cash we have all paid into the country, to the various builders / advocates etc..... as an interest free loan toward constructing the properties for the less well off in thier country. If the Goan goverment do not want to play the game fairly, then our own government should take a stronger stand against the injustice we have all suffered over the years, and deduct the total amount we all stand to lose from any releif funds we as tax payers pay toward the needy Indian people - (and I must stress that I do not object to my taxes being used to assist the less fortunate, no matter who / no matter where,) they will actually benefit from our interest free building loan and have new properties for themselves and thier families to reside in. A win,win situation. It's just a practical suggestion to try and over come this totally unnecessary situation caused by the Goan officials short sighted stance, and I recommend it to the house! |
Re: GOA - Buyer Beware!
Originally Posted by Lewys
(Post 7738455)
goa beware
-------------------------------------------------------------------------------- In view of the fact that the Goan government do not want UK FN's to purchase property in thier country,why not suggest the following to both the UK government and the Goan government The Goan Goverment can reimburse, at the going rate, all people who bought / attempted to purchase property in good faith. but were evidently duped by Goan builders, Goan bank officials, Goan advocates and UK dell boy property agents!! The properties can then be made available to the needy Goans - the ones living under tin sheet, plastic and palm leaved covered rooves. The Goan goverment could view the cash we have all paid into the country, to the various builders / advocates etc..... as an interest free loan toward constructing the properties for the less well off in thier country. If the Goan goverment do not want to play the game fairly, then our own government should take a stronger stand against the injustice we have all suffered over the years, and deduct the total amount we all stand to lose from any releif funds we as tax payers pay toward the needy Indian people - (and I must stress that I do not object to my taxes being used to assist the less fortunate, no matter who / no matter where,) they will actually benefit from our interest free building loan and have new properties for themselves and thier families to reside in. A win,win situation. It's just a practical suggestion to try and over come this totally unnecessary situation caused by the Goan officials short sighted stance, and I recommend it to the house! Hi Lewys, Excellant suggestion! I would love to here the Goan Officials' verdict on this! Remy |
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