a_f_d

I recite FEMA backwards, from memory, on nights when I can't sleep, it beats counting sheep.

What is your point?

AndyD 8-)#

johnny five

AMEF, AMEF, AMEF, AMEF, AMEF..............................zzzzzzzzzzzzzzzz zz


.

a_f_d

It's been some years since you could use RBI to transfer money (possibly since FERA - not sure on that). The requirement is 'normal banking channels' which usually means a SWIFT bank transfer either into the builder/ developer/ sellers account or into an [NRO] account the purchaser has set up in India.
An interesting point, when considering the property angle it is possible to overlook the fact that FEMA is almost exclusively concerned with Foreign Exchange, however it does also define who can buy immovable property in India (and afaik is the only place where this is defined). When we consulted lawyers before considering purchase the consensus of opinion was that the penalty clauses in FEMA only made sense in connection to money and movable property i.e. that confiscation should not apply to immovable property and the maximum penalty for any possible offence was therefore Rs. 3 lakhs. It was never suggested that the penalty clauses did not apply at all to immovable property, but this may be worth further study.
As regards the DofE and confiscation, I don't think any property has actually been confiscated, several have been 'ordered for confiscation' by the DofE but the law provides an 'internal' DofE appeal procedure which has to be followed before an appeal can me made to the High Court (just as in the case of Registration the slowness of the judicial system is being used as a stick to beat people).
DofE Show Cause Notices have been on the back burner since the BHCI passed on assurances that no further notices were likely. It remains to be seen whether the recent report in Heraldo (30 new notices) was fact or just old news run as a space filler.
Your earlier comments suggest that you have read FEMA so I am surprised that you repeat this old turkey - the word visa does not appear in FEMA; some politicians may declaim that buying property is incompatible with tourist status but this has absolutely no basis in fact or law, all over Europe and the USA people spend part of their holidays looking at sale properties and some even buy. At most a T visa could be argued as evidence against "an intention to stay..." but that falls down when only T visas are available, and anyway proof of intent is fraught with difficulties.
The rest of that section of your post is just FUD and is inappropriate in a situation where people are already harassed and worried.
more FUD. I do have reservations about the 'business route' but it is nowhere near as clear cut as you suggest - a company in India which is a branch of a foreign company may purchase property 'ancilliary to the business', in most areas of business an Indian company can be set up with 100% FDI and the ancilliary rule would not appear to apply. In both cases the company is 'a person resident in India' and any property would be in the name of the company not the individual. While there can be questions about the use of shell companies it is a common practice. The FDI rules would apply "even" if the foreigners are Russian and the Indian company buys lakhs of square meters of land.
There were press reports that the DofE were having problems getting information from the Goa govt. about these large land deals, coupled with the usual rumours of politicians' involvement in the deals. Shortly after that the DofE were presented with details of around 400 foreigner-related property deals. There were plausible claims that was an attempt to bury them in detail.

I apologise if some of my replies appear somewhat curt, but many people have lived with all this for some years and several of us have made a detailed study of the related laws.While new insights are always welcome it helps if they are thoroughly researched.

AndyD 8-)#

a_f_d

The closure of the Register did not prevent anyone from executing a Deed of Sale or presenting it for registration, although anyone fed up with all the hassle and wanting out might well be advised to stay with an AforS and negotiate a deal with the vendor to sell it on.
As the Supreme Court pointed out recently, no title is transferred by an AforS (so there can be no question that executing one is an illegal purchase). However an AforS does confer some rights on the (prospective) purchaser (particularly if the purchase price has been paid), for example the vendor cannot sell to anyone else without giving you the chance to complete the purchase, and you can at any time (when you are legally entitled to do so) enforce the completion of the sale, if necessary by issuing a writ for Specific Performance. So in some respects an AforS is like exchange of contracts in England.

urban karma

[QUOTE=a_f_d;9698503]It's been some years since you could use RBI to transfer money (possibly since FERA - not sure on that). The requirement is 'normal banking channels' which usually means a SWIFT bank transfer either into the builder/ developer/ sellers account or into an [NRO] account the purchaser has set up in India.

Reply: That's what I said!!

Quote:
the word visa does not appear in FEMA;
Reply:
That's why I separated VISA from the FEMA issue!

Quote:
I do have reservations about the 'business route' but it is nowhere near as clear cut as you suggest -

Reply:
I am not suggesting the business route at all!!! sigh!
I am suggesting "Sell out"

Quote:
The FDI rules would apply "even" if the foreigners are Russian and the Indian company buys lakhs of square meters of land.

Reply:
Yes of course! When did I deny that?

Perhaps it seems like we are all not on the same page!

Foreigners will never even win in India and Indians will never let you own property in Goa. Everyone over there has eyes on your properties. With all you research and effort, you property is "GONE" either sooN or in the near future. The DOE is just one of the many Tsunamis !

cheers!

Quote:
I apologise if some of my replies appear somewhat curt.

Reply:
Anyways apologies accepted!

Goodbye everyone!

noni

CM: Bill soon for tax on non-occupied 2nd homesPANAJI: Chief minister Digambar Kamat on Thursday said the government will bring about a law to impose "very heavy non-occupancy tax" on non-Goans having second homes in Goa.

He said these homes are kept locked most of the time and do not contribute anything to the state's economy.

The tax is actually a proposal from the state-level committee for the Regional Plan 2021 and the government has in-principle agreed to it, Kamat said.

The chief minister added that the necessary bill will be drafted in "due course of time".

Sources said the non-occupancy tax is expected to be over and above the already existent house tax. The latter varies from civic body to civic body in both, villages and towns.

At the municipal level, the house tax is between 10 and 14 per sq m while in village panchayats it varies from 3 to 8 per sq m.

From P1

Kamat made the announcement on the non-occupancy tax at a media briefing to announce the government's initiatives to resolve citizens' concerns regarding the taluka plans for Salcete, Mormugao, Tiswadi and Bardez.

SLC member, architect Rahul Deshpande, who the CM asked to explain the rationale behind the "non-occupancy tax" told the media that land prices in Goa have shot up so high, native Goans can no longer afford to buy land.

"This was one concern of the SLC which realized that land prices were rising because it had become a fashion among non-Goans to have a second home in Goa without contributing anything to the state. The SLC therefore devised an idea to impose a very high, annual, non-occupancy tax on owners of second homes who do not reside in Goa and only visit the state for New Year or other holidays," said Deshpande.

He added that the government will formulate a law for this purpose. Agreeing, Kamat said that lots of buildings are coming up in Goa and spoiling the Goan landscape. "The new law will curb this trend and thus protect the clean-green identity of Goa," Kamat said.

Meanwhile, former president of CREDAI Goa unit, Datta Damodar Naik said it is difficult to quantify the number of unoccupied flats in Goa.

"There are three types of people who purchase flats: some invest for resale value; Goans abroad use these flats during vacations or after retirement; and domestic tourists use the flats as second homes. There are some locals in the third category too," said Naik.

Lauding the government decision to impose a tax on unoccupied flats, Naik said it is a positive step that may encourage owners to rent out their premises. "But there should be reforms as people are often averse to rent out their accommodation to others," he added. tnn

taken from Times of India.

Thanks Goanstay!

k800mer

We chose not to let our apartment but I did let it once as the resort were short of rooms and asked. Never again, a wash basin was cracked, the almost new mattress was terribly stained and some of my wooden furniture was scratched. In addition neighbours told me that the aircon had been on 24/7 and not suprisingly I had the biggest electricity bill I have ever had. Add to that the rent the resort manager paid me after 9 months of chasing barely covered the cost of repairs/replacements. I do lend the apartment to friends and family but it is never rented out
If I have to pay another tax in addition to the panchayat so be it.

a_f_d

See my reply under Today's papers (#4335).

Perhaps the moderators can sort out all this double posting <VBG> AndyD

Quote:
Originally Posted by goanstay
You ought to see this
http://timesofindia.indiatimes.com/c...w/10686586.cms

As usual this is flim-flam for local consumption - as the side panel in ToI (Goa) points out:
people with 2nd homes do contribute financially to local society
who's going to define a Goan?
Even if they can come up with a workable definition of 'Goan' they still have to get around the Indian Constitution. This looks like yet another Goan Bill that will be bounced back by the President's office.

AndyD 8-)#

noni

SELLING A PROPERTY
if one of the persons on the deeds is unable to travel to india to sign, or have died how do you proceed with the sale? Has anybody come across this problem? I know this is INDIA.

a_f_d

Someone unable to be present can write a Power of Attorney - if done in the UK for use in India this should probably be drawn up by a solicitor and 'apostilled' by the FCO.
A deceased estate will require a Will - and Order of Probate if a UK Will - and a good Indian lawyer.
If any of the parties are non-PIO FN's then all the usual Registrar problems are still there.

just my opinion, I'm not a lawyer.

AndyD

Doug.L

im looking to buy in Goa can any one help me with advice of a good property fim or site to buy with. im from uk any help would be aprreciatted . nice to meet you all

catpat123

Hi Doug

Welcome to the forum.

Have you done any research into buying property in India? If you or your spouse are not of Indian origin then it will difficult to legally buy property in Goa.

I suggest you check out a_f_d's posts on FEMA.

There are no estate agents that I could recommend, although there are plenty in Goa. We bought directly from the builder. Estate agents are going to tell you what you want to hear in order to sell to you.

You need to do your own research and this thread, although quite old now, is a good place to start. Douglas M. was a knowledgeable guy who doesn't come on this site any more (he was given 14 days to leave India) but all his posts are still as relevant as they day they were posted.

Doug.L

hi catpat thank your for the warm greeting , my wife is of indian descent and has an oci and im planning to go for a pio due to being married to her, i have no other indian ties but have read this should be ok to get a pio . so im hoping legally we are ok to buy , but dont know where to start with finding how to go about buying a property ,how did u go straight to a builder and what has been your experience ..
thats terrible so sad to hear of that situation so wrong hope he has some joy at some point

noni

Hi ~Doug,
Welcome to BE, as catpat says be very wary of estate agents, also advocates. Purchasing in Goa is a mine field, please read Buyer Beware.

Doug.L

hi noni
Thank you for the welcome, how would u suggest going about looking in to trustworthy firms what had been your experience