noni

SO ! Like everything else, the Bank Manager comes around to your home you open an account, how many people would know that it was illegal, most had valid visa's once upon a time.

johnny five

Never experienced the bank manager coming round to my home, but then, I'm not a mason

Of course everyone had a visa once upon a time, or they wouldn't have got into India. But as soon as it expires, you are vulnerable to confiscation.

With one year T visas and comedy Business visas, your exposure is reduced, but with 6 month T visas, very vulnerable...........

a_f_d

The rules vary depending on what sort of account.
For NRO / Visitor accounts the lastest info I have is dated 2008 so may have changed:

RBI/2007-2008/242
Master Circular No. 03 /2007- 08
February 21, 2008

NRO account (current/savings) can be opened by a foreign
national of non-Indian origin visiting India, with funds remitted
from outside India through banking
channel or by sale of foreign exchange brought by him to
India. The balance in the NRO account may be converted by
the authorised dealer / bank into foreign
currency for payment to the account holder at the time of his
departure from India provided the account has been
maintained for a period not exceeding six months and the
account has not been credited with any local funds, other than
interest accrued thereon.

Somewhere else (can't find it at the moment) it says that if the account isn't closed after 6 months (which co-incides with a T visa - although visas aren't mentioned) then it just continues as an NRO account with no right of remittance abroad.

AndyD 8-)₹

davidhendry

Where does being a mason enter the equation?

Davie.

noni

Davie - it's his sense of humour !

dreadsoc

Another Show Cause Notice

Issued to a family at Calangute who purchased under residency - 5 year x visa each and had lived in goa solidly for two years without leaving prior to buying the house. 4 years ago the DoE investigated and tried to claim they had purchased agricultural land......until they produced paperwork to the contrary.
Now they have been served a show cause on income tax - citing Section 37 FEMA (which gives DoE power to investugate tax matters), S131 Income Tax Act 1961 (which gives them power to summons person to appear with stated documents) - these poepl have not worked to be eligible for income tax in India !!!!!!

This is the second notice I have seen which relates to these acts and sections - the other being the one mentioned earlier served on leaseholders of a property in Candolim.

In the words of Marvin Gaye.............. "What's going on?"

Dread - x

a_f_d

FEMA Section 37 does NOT give DoE the power to investigate tax matters, it just defines their powers as being like those given to tax inspectors:
37(3) The officers referred to in sub- section (1) shall exercise the like powers which are conferred on income- tax authorities under the Income- tax Act, 1961 (43 of 1961 ) and shall exercise such powers, subject to such limitations laid down under that Act.
A subtlety that they may neither wish nor be able to understand.

"What's going on?" - the word around town is that this particular pot is being stirred by a faction in the ruling BJP (I anticipate that bipat will assure me that wouldn't happen <g>).
A job for the new Lokayukta ???????

AndyD 8-)₹

Bipat

Andy your posts are so useful and illustrate the awfulness that is affecting land matters (and not only for foreigners).
But I really object to your using my name in this way, I do not support any political party just have argued that no party could be worse than Congress.
After all Kamat was voted in on the BJP ticket and was bought by Congress therefore disenfranchising North Kanara area.
perhaps you could delete my name and my reply as both are off topic.

bigred66

Hi I have been a member on the site for a while but have been dealing with family illness and death so have had to put the Flat we thought we had a agreement of sale for. I say thought because I did have contact with a advocate in Deli who looked at our papers and said that they are not registered.We did have x visa's did over the 183 for many years only coming back to england as my father had cancer. We are one of the many who started all this in 2005. we tried till feb 2012 to get this sorted. We bought from a english man and dutch woman who have been in Goa for many years and it was registered in their names. They sold the flat and moved into a large villa. My 16 year old granddaughter has now got cancer and my husband has fybromyalga which means we will never be able to get back to Goa. We payed £56000 for the flat we have all the proof of monies going through banks. We did go through advocates at the time. We even had a advocate that would work for us in India but could not find one who would work for us in the UK. Has anyone got any ideas what we can do or who we should contact all help appreciated. I do have a friend in Goa at the moment who I can contact to help in any way Regards K

noni

Hi, Bigred - welcome to BE, so sorry to hear of all your problems. I will leave one of our knowledgeable members to answer your questions.
Good luck.

Mitzyboy

Wow, sorry to hear that has all been going on for you.
Welcome to the site, and I do hope that someone here can give you some pointers

noni

Have been told by a Goan Bank Manager to-day that:-

When somebody passes away, even with a Will, once the two signatories on the Registered Deeds have died, the property goes to the Indian Government and not anybody else who is named in the Will.

Properties not registered also go to The Indian Government and not returned to the builder.

johnny five

Read the next few posts and see WHO has problems.

bigred66

Hi NonI
I have seen your many wise helpful words on here.It is a great help to know that we are not the only one with these problems. We felt so stupid for so long as we thought we had done all our paper work and done things properly as this was our life savings. We are now living in my dads parkhome since he passed away as like others on here we would have no where to live as we sold our home here to be over there. We stopped going over when we found out from the owners of the flat that they were going in and out of India on tourist visa's and as I saw on here someone else in the same situation has been called up. I was so worried we would end up like others having to pay heavy fines as well. Keep strong everyone together we are stronger ( I hope )

Bipat

Noni, I can't help specifically as I do not know the law as it affects foreign bought property in Goa, but if registered it sounds unlikely. This would not happen elsewhere inheritance is automatic to a child.
In case you yourself make another will in Goa--we have been told by our UK lawyer do not add the words "Last will and testament" as this would cancel out any previous will you have made in UK.