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Re: GOA - Buyer Beware!
1 Attachment(s)
After trawling through the BE archives, found this:
Nov 3rd 2007, 3:33 pm Re: What beach shack do you use? #26 babu1 Senior Member Joined: Jun 2007 Posts: 293 ....... and the Bombay High Court at Goa ruling last week was not good news at all. If you read it, what it means is that the judges threw out the foreigners petitions and prayers, and instead have given wider powers to the State government to either issue or refuse NOC's for the registration of Sale Deeds. This now means that the State government has a clear directive to make inspection for verification as it wishes which as the foreigners had petitioned was something previously absent in FEMA.To make matters worse, they are now directed to make particular inspection of Land Mutation Form I & XIV looking for constructions that might be on Orchard or Agricultural land. This means, if you are on an Agreement of Sale the next question you should be harrassing your builder about is whether he can show evidence through the Town and Country Planning Act that the land on which your property rests was correctly converted to Residential. (In this instance, there may be a get out in that it is surely the builder who has committed the fraud if he didn't convert, but he won't be goiing to court, and you can see how easily the 4 FN's were dismissed last week) Likewise, those on freehold who are registered should check their mutation form for correct conversion, or get a suitable defence ready. They're stitching us up one way or the other, and for what? The place is overrun with migrant labourers in shanty towns (Calangute is mobbed with them, all day now it seems; more of an industrial town than a once ramshackle sleepy village) , and Delhites and Mumbaikhars who seem to have bought Goa; it's only the formality of lining the pockets of the Goa politicians to push the various re-zoning and new Regional Plans, SEZ's etc. through. The only good news on that High Court ruling was the instruction to attend to each application for a NOC within 3 months. For those not registered, perhaps bombarding them with petitions may clog the system so the 3 months lapses. However, remember that they are still reviewing every purchase, registered or not, and by Indian logic issuing a NOC to register your Sale Deed may not exempt you from further investigation regards other potential violations of FEMA!...... REPLY FROM a_f_d: a_f_d Nov 6th 2007, 6:29 pm Re: What beach shack do you use? #39 geek Joined: May 2007 Posts: 1,051 -------------------------------------------------------------------------------- thanks for the nice long informative post but I think you might be being a bit pessimistic with this bit: Quote: If you read it, what it means is that the judges threw out the foreigners petitions and prayers, and instead have given wider powers to the State government to either issue or refuse NOC's for the registration of Sale Deeds. This now means that the State government has a clear directive to make inspection for verification as it wishes which as the foreigners had petitioned was something previously absent in FEMA.To make matters worse, they are now directed to make particular inspection of Land Mutation Form I & XIV looking for constructions that might be on Orchard or Agricultural land. what I'm hearing is that the ruling, whilst not as good as it might have been, is being taken as requiring the Home Dept. to put a proper NOC issuing procedure in place within 3 months; whereas before they thought they had a Catch22 setup. I think we all owe a vote of thanks to the two couples who have pursued it this far! REPLY FROM babu1: babu1 Senior Member Joined: Jun 2007 Posts: 293 Re: What beach shack do you use? #41 Hi Andy, Yes, I agree, it was very brave of the two FN couples to take the Home Department to the High Court in an attempt to open the register, and asking to set aside the inspection of Form I & XIV. The Home Department have now been forced to either issue, or refuse to issue No Objection Certificates within a timespan of three months; that's still the way I read it. You're right in that they cannot ignore any applications now. But, if anyone can post the article that (I think) Remy put up, or a link to it, there may be better reporting of the case there. I have only read the Heraldo account of the case which was fairly minimal. |
Re: GOA - Buyer Beware!
Hope you can open the thumbnail and enlarge it, works fine here.:fingerscrossed:
Press cutting courtesy of a post by Remy. Thank you Remy. :thumbsup: Andy, you are definitely a 'glass half full' man. Mine never gets time to be anything but empty, then another one, and another one....... Regards |
Re: GOA - Buyer Beware!
Originally Posted by ceilo
(Post 8131021)
This is always going to be a no win situation for the British. Corruption is too deeply ingrained in all aspects of Indian life, and they change the rules and law at will. The Goans are very friendly when they want our money, but really they despise us, and who can blame them? How many holiday makers have gone to the shacks laden with gifts only to be met with ingratitude? How many divorcees, old enough to know better, have set up with young men only to be cheated out of their life savings? How many people have bought houses, cars, bikes, or businesses in an Indian's name, only to lose the lot? We would not behave like this at home, why do it in Goa. Those of us with dark skins are adapted to live in hot countries, those of us with white skins are adapted to cooler climates, and that is where we should stay. Now I'm off to Bradford to find myself a nice young man and give him all my money!
Well said, very very well said................... |
Re: GOA - Buyer Beware!
Originally Posted by johnny five
(Post 8131737)
Well said, very very well said...................
H. P.S. - haven't a clue what difference the OP's gender makes, just having one of those days I guess! |
Re: GOA - Buyer Beware!
Typing this on word then going to post when I can get on this dreadful internet connection we now have. Was ok when we came here in September but is now awful – this afternoon my OH was trying to do something and said either he or the laptop would have a “breakdownâ€
It drives me mad and as my Dad used to say to me - you have the patience (or brains) of a sea-side frog - yes he was right:D What I wanted to say was that on the complex where we used to live the UK owners who have registered properties have had “Show Cause†notices from the D of E issued towards them. One of them of them told me a few months ago an agent told her he could sell it – no problems – and I told her it would not be ok but she insisted he told her it would (she does not read the internet). She has now found out it is not so and has gone back to UK and said she will leave the apartment to her cleaner!!!! Not many of you would be be so lucky to have the money to do that. |
Re: GOA - Buyer Beware!
Originally Posted by emsirrah
(Post 8144001)
Typing this on word then going to post when I can get on this dreadful internet connection we now have. Was ok when we came here in September but is now awful – this afternoon my OH was trying to do something and said either he or the laptop would have a “breakdownâ€
It drives me mad and as my Dad used to say to me - you have the patience (or brains) of a sea-side frog - yes he was right:D What I wanted to say was that on the complex where we used to live the UK owners who have registered properties have had “Show Cause†notices from the D of E issued towards them. One of them of them told me a few months ago an agent told her he could sell it – no problems – and I told her it would not be ok but she insisted he told her it would (she does not read the internet). She has now found out it is not so and has gone back to UK and said she will leave the apartment to her cleaner!!!! Not many of you would be be so lucky to have the money to do that. We have said we would leave ours to a local, but they have to pay an extorbinate amount of tax, they could not afford it. These Show Cause Notices are coming out right left and center!!!! Noni - frightened of the future. what has happened to the place we loved.:wub: Would anybody else who knows of such cases please contact Lewis and Dreadsoc But what do you do fight and pay more than you did for the property - is it worth it? Very upset Noni |
Re: GOA - Buyer Beware!
Originally Posted by noni
(Post 8144118)
Hi Em,
We have said we would leave ours to a local, but they have to pay an extorbinate amount of tax, they could not afford it. These Show Cause Notices are coming out right left and center!!!! Noni - frightened of the future. what has happened to the place we loved.:wub: Would anybody else who knows of such cases please contact Lewis and Dreadsoc But what do you do fight and pay more than you did for the property - is it worth it? Very upset Noni Dep;t. of Revenue 101 Janmabhoomi Chambers Walchand Hirachand Marg Mumbai 38 022-22614011/22631535 (envelope ? Fax) 02222631541 SHOW CASE NOTICE. 1. Whereas a complaint under sub-section 930 of Section 16 of the Foreign Exchange Management Act, 1999 (for short FEMA) has Been filed before me for contravention of the provisions of FEMA (as specified in the enclosed complaint) 2. On perusal of the said complaint and after consider the causes shown by the complainant in his complaint bearing No …………… Dated ….. There appears to be a contravention of Regulation 8 of the Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulation, 2000, issued under Section 6 (3) (I) of the Foreign Exchange Management Act 1999, to the extent Of (price of property rups) as mentioned in the said complaint filed again you. 3. You are therefore required to show cause in writing within 10 days from the date of receipt of this notice as to why adjudication proceedings as contemplated under Section 13 of the FEMA Act 1999 and as to why the property which is involved in the contravention, should not be confiscated to the Central Government Account in terms of Section 13 (2) of the FEMA 1999. 4. Your attention in this connection is invited to Rule (4) of the Foreign Exchange Management (Adjudicastion proceedings and Appeals) Rules 2000. In view of the above you are required to appear either in person or through legal Practitioner/Chartered Accountant duly authorized by you to explain and produce such Documents or evidence as may be useful for or relevant to the subject matter of enquiry before me. In case you fail, neglect or refuse to appear before me on the appointed day, the adjudication proceedings shall proceed against you ex-pate. 5. Reliance has been placed inter alia on the documents listed in Annexure ‘A’ to the complaint (copies enclosed) Sealed and signed at Mumbai on 23rd day March 2009 K Nageswar Rao Special Director. Complaint under section 16 (3) of the Foreign Exchange Management Act 1999 Before Special Director of Enforcement, Directorate of Enforcement Mumbai, Adjudicating Authority. In the matter of investigations against ………………… Anil Kuma Singh Assistant Director Directorate of Enforcement 2nd Floor Mittal Chambers Naiman Point Mumbai - 400021 Complainant vs. ……….. Complaint under section 16 (3)of the Foreign Exchange Management Act 1999 in short FEMA 1999 The above named complainant most respectfully submits as under. 1. That the complaint is the Assistant Director …………………� �€¦â€¦ …………………� �€¦â€¦â€¦â€¦â€¦.......... In exercise of power conferred upon me under section 47 of FEMA Act 1999 2. Information was received from the land revenue authorities that certain Foreign Nations have purchased an Immovable Properties and Agricultural properties in Goa in violation of FEMA provisions. The Details such as name of the foreign national, area and description of the properties were also obtained from the Land Revenue authorities. 3. On the basis of the above directives dated 3/2/06 and 21/2/07 were issued to …………………� �€¦â€¦â€¦â€¦â€¦.. The noticee, calling for documents including authenticated copies of their passports, sale deeds, Bank statements etc for examining the compliance of the FEMA provisions in purchase of the land property. Vide letter dated …… Forwarded notarized copies of British Passport, copy of inward remittance certificate dated…… bearing…. Authenticated copy of Sale deed dated…… in respect of …….. Claiming that they intended to stay in Goa for the rest of her life as far as legally possible, that they are persons resident in India within the meaning of Sec.2 (v) read with other subsections thereof the FEMA Act 1999 and that they had not violated any provision of law they have purchased aforesaid property for a consideration of ……..that they visited India for desiring to enjoy retirement life in Goa, they are retired and do not have a business in India. 4. The perusal of the said document revealed that the Noticee ……. A British National holding British Passport ……… issued in UK. They have been visiting India for short period and returning to UK after staying in India for short and certain periods ……..details……….. X visa issued ………………. Deed of Sale dated…. Purchased ……… 5. From the above mentioned facts it is noticed that they have purchased aforesaid immovable property in Goa. The Noticee have visited India on tourist visas for certain periods and their purpose of visits have been declared to live retired life in Goa for as long as legally possible, and no business in India, which cannot considered to be, for or on taking up Employment in India, for carrying on in India a business or vocation in India, for any other purchase in such circumstances as would indicate their intention to stay in India for an uncertain period. They have also not submitted certificates regarding the permission obtained from RBI Before the purchase of the said apartment. The noticee herein falsely declared in Sale Deed themselves to be ‘resident of India’ It is essence that every person who is other than a person ‘resident in India’ is prohibited From the acquisition of any immovable property. A person resident in India has been defined in section 2 (v) of FEMA 1999 reproduced below Section 2 (v) of FEMA 1999 ‘personal resident in India’ means 1. A person residing in India for more than one hundred and eighty two days during the course of the proceeding financial year but DOES NOT INCLUDE. 2. A person who has come to stays in India, in either case, otherwise than a) for or on taking up employment in India b) for carrying on in India a business or vocation in India c) for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period. As the noticees…… do not appear to fulfil the conditions laid down as per provisions of Sec.2 v I B of FEMA 1999 they cannot be considered to be persons resident in India and are therefore ‘persons resident outside India’ as per provisions of Section 2 w of FEMA. Section 6 of FEMA Capital account transactions. Without prejudice to the generality of the provisions of sub-section 3) the Reserve Bank may by regulations, prohibit, restrict or regulate the following. I) acquisition or transfer of immovable property to India, other than a lease not exceeding five years by a person resident outside India. REGULATIONS 8 THEREUNDER. Fema (acquisition and transfer of immovable property in India) Regulations 2000 read under Notification No. 407 (E) FEMA 1999/2000RB dated 3May 2000 issued in exercise Of powers conferred by clause (I) of subsection 3. Of section 6 FEMA 8. PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY IN INDIA. Save as otherwise provided in the Act or regulations, no person resident outside India shall transfer any immovable property in India. Provided that the Reserve Bank may, for sufficient reasons, permit the transfer, subject to such conditions as may be considered necessary. Section 2 (ze) of FEMA 1999 reads as under Section 2 ze of FEMA defines transfer, includes sale, purchase, exchange Mortgage pledge, gift, loan, or any other form of transfer of right, title or lien. Section 13 of FEMA 1999 Penalties. 1. If any person contravenes any provision of this Act, or contravenes any rule, regulation notification, direction or order issued in Exercise of the powers under this Act, or contravenes any condition subject to which an authorization is issued by the Reserve Bank, he shall, upon adjudication be liable to a penalty up to thrice the sun involved in such contravention where such amount is qualifiedly, or up to 2 lakh rupees where the amount is not quantifiable, and where such contravention is a continuing one, further penalty which may extend to five thousand rupees for every day thereafter the first day which the contravention continues. 2. Any Adjudication Authority adjuding any contravention under subsection 910 may if he things fit in addition to any penalty which may impose for such contravention direct that any currency, security of any other money or property in respect of which the contravention has taken place shall be confiscated go the Central Government and further direct that the foreign exchange holding, if any, of the person committing the contraventions or any part thereof, shall be brought back into India or shall be retained outside India in accordance with the directions made on this behalf. Explanation. For the purpose of this sub-section ‘property’ in respect of which contravention has taken place shall include. A deposits in a bank, where the said property is converted into such deposits. Indian currency, where the said property is converted into that currency Any other property which has resulted out of the conversion of that property. 6. ……….. Noticee herein, who have failed to establish their status As ‘persons resident in India’ within the definition provided by Section 2 v I B of FEMA as above have purchased immovable property in India without obtaining permission of RBI appears to have contravened the Regulation 8 of the FEMA (Acquisition and transfer of immovable property in India) Regulation 2000 issued Under section 6 3 I of FEMA to the extent of …………………� �€¦â€¦â€¦â€¦.. Which represents the purchase price of the property. The said property which are involved in the contravention are liable for confiscation to the Central Government in Terms of section 13 (2) of FEMA 7. The Complainant there submits The above noticee has violated the provision of FEMA as mentioned above and are liable to penalties under Section 13 1 of FEMA. The above properties involved is contravention of the provisions of FEMA as stated above are liable for confiscation as prescribed under Provisions of Section 13 (2) of FEMA. It is therefore, prayed that this complain may be taken on record and the notice be dealt with in accordance with law. 3. The complainant seeks permission of adjudicating authorities to refer to and to rely inter alia on the documents mention in the Annexure to the complaint. Anil Kumar Singh Assistant Director Complaint. [COLOR="Red"] This person has just had a call from a Mumbai Advocate, who she has been advised to use by a local Advocate to use at 10,000 rups a meeting and £100 just to look at their file. The phone call said that after readin file He told that, it is a very difficult case, and will be very difficult to win, he said that the outcome that she will loose her property as it is such a difficult case to prove. They were advised to contact the UK Government, immediately. residency over 182 days on x visa. Money through appropriate channels. etc. etc. :thumbdown:WHERE DO WE GO FROM HERE! This is an appalling situation and affects us all. |
Re: GOA - Buyer Beware!
[QUOTE=old man;8145964]Noni I have permission from a friend to show you the show cause letter.
This is truly shocking. :eek: Everyone who has their deeds must be living in fear. Those of us that are still fighting to get our deeds are wasting our time and effort if this is all it will come to. Has this been passed to Vicky Tredall and Lewis. It needs to be immediately as Vicky was given assurances that this would not happen. She needs to know that these assurances are not worth the piles of dog s**** littering the Goan roads. :thumbdown: :thumbdown: |
Re: GOA - Buyer Beware!
This is indeed shocking. I am surprised we have not heard anything yet from Vicky Treadwell. A good idea to contact her. Another layer of stress for us. So send info to Lewis or dreadsoc.
r |
Re: GOA - Buyer Beware!
Originally Posted by ruskin
(Post 8146162)
This is indeed shocking. I am surprised we have not heard anything yet from Vicky Treadwell. A good idea to contact her. Another layer of stress for us. So send info to Lewis or dreadsoc.
r I hope you are well! I am aware of this notice, I have received the same! Folks, this is a very good reason to vote on our poll and send your story to me, by private message! This is not a time to be browsing the British Expat site to see what happens next, It is a time to act! Please send your stories to me as soon as possible!!! Lewis |
Re: GOA - Buyer Beware!
Originally Posted by Lewis Belworth
(Post 8146193)
Hi Ruskin,
I hope you are well! I am aware of this notice, I received the same in August 2009 Folks, this is a very good reason to vote on our poll and send your story to me, by private message! This is not a time to be browsing the British Expat site to see what happens next, It is a time to act! Please send your stories to me as soon as possible!!! Lewis It is just as Douglas said would happen.:curse: Douglas if you are reading Goa site, please give us your opinion and let us know how you are getting on.:wub: |
Re: GOA - Buyer Beware!
Originally Posted by noni
(Post 8146444)
It is just as Douglas said would happen.:curse:
Douglas if you are reading Goa site, please give us your opinion and let us know how you are getting on.:wub: I really hope you are happy in your new location and if you are reading this I want you to know that you are Sooooooooooooooooooooo!!!! missed :wub: GC::thumbsup::( |
Re: GOA - Buyer Beware!
To everyone on this site who has purchased a property in Goa, including those who have their deeds and those who have not yet got their deeds :
The situation is getting crucial now with these imminent hearings and show cause notices. This is no time to stand back and watch from the sidelines hoping to stay under the radar. If just ONE confiscation takes place, I can forsee some very bad events even for those under the radar. Once it happens once, there will be the less scrupulous builders/agents etc who will lining up for a get rich quick scheme and have no hesitation in screwing you over knowing that you have no form of redress. It is time to JOIN TOGETHER and FIGHT TOGETHER. Join the poll and send your stories to Lewis Belworth. For those of you out there with friends who have properties in Goa, get them to join BE and send their stories too. Lewis needs the evidence to fight this for ALL OF YOU. He has even guaranteed you confidentiality - what more do you want ? The only way to fight is in large numbers, but let's do it before it's too late ! Dread - critical timing x |
Re: GOA - Buyer Beware!
Originally Posted by dreadsoc
(Post 8147090)
To everyone on this site who has purchased a property in Goa, including those who have their deeds and those who have not yet got their deeds :
The situation is getting crucial now with these imminent hearings and show cause notices. This is no time to stand back and watch from the sidelines hoping to stay under the radar. If just ONE confiscation takes place, I can forsee some very bad events even for those under the radar. Once it happens once, there will be the less scrupulous builders/agents etc who will lining up for a get rich quick scheme and have no hesitation in screwing you over knowing that you have no form of redress. It is time to JOIN TOGETHER and FIGHT TOGETHER. Join the poll and send your stories to Lewis Belworth. For those of you out there with friends who have properties in Goa, get them to join BE and send their stories too. Lewis needs the evidence to fight this for ALL OF YOU. He has even guaranteed you confidentiality - what more do you want ? The only way to fight is in large numbers, but let's do it before it's too late ! Dread - critical timing x GC:frown: Worried about the situation in Goa |
Re: GOA - Buyer Beware!
Originally Posted by dreadsoc
(Post 8147090)
To everyone on this site who has purchased a property in Goa, including those who have their deeds and those who have not yet got their deeds :
The situation is getting crucial now with these imminent hearings and show cause notices. This is no time to stand back and watch from the sidelines hoping to stay under the radar. If just ONE confiscation takes place, I can forsee some very bad events even for those under the radar. Once it happens once, there will be the less scrupulous builders/agents etc who will lining up for a get rich quick scheme and have no hesitation in screwing you over knowing that you have no form of redress. It is time to JOIN TOGETHER and FIGHT TOGETHER. Join the poll and send your stories to Lewis Belworth. For those of you out there with friends who have properties in Goa, get them to join BE and send their stories too. Lewis needs the evidence to fight this for ALL OF YOU. He has even guaranteed you confidentiality - what more do you want ? The only way to fight is in large numbers, but let's do it before it's too late ! Dread - critical timing x I still feel this will be resolved in a manner that is fair and can only continue to join you in your hope that this happens soon. Chin up everyone ;) |
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