GOA - Buyer Beware!
#3691
Re: GOA - Buyer Beware!
Hi Andy thanks for your prompt reply, do you know if we can just transfer it and not actually sell it as such? We did only have an Agreement and not a deed of sale like you say. Our problem is lack of time to do this. We were just hoping to transfer and not sell until a later date as we are trying to avoid our Indian friends paying any further bills? Our builder has only said it needs to be transferred, or is this just another scam to get £1500 out of us?
Many thanks
Dean
Many thanks
Dean
You can't technically sell it now either, because you don't own it - but you can transfer the Agreement e.g. to an Indian buyer as I described above. If your builder is prepared to do that for £1500 then that is very much at the bottom end of the going rate.
Those are really your only options - get your Deeds and a load of trouble or assign your AforS (which is pretty much like selling the apartment).
ching! (_)? (_)? AndyD
#3692
Re: GOA - Buyer Beware!
Hi Dean
Welcome to BE - you are certainly not alone in this type of situation, except that you seem to be on a time limit.
I have sent you a pm
Dread - x
Welcome to BE - you are certainly not alone in this type of situation, except that you seem to be on a time limit.
I have sent you a pm
Dread - x
#3693
Re: GOA - Buyer Beware!
CONFISCATION ORDER ON PROPERTY
This morning I have been shown a copy and I can confirm that the DoE has issued a confiascation order together with a fine of 1 lakh rupees against an elderly British woman who has a flat in North Goa. Dated Dec 2012 - Panjim ED.
The ED have based the order on alleging that she is not a resident because she did not intend to stay in India for an indefinite period.
I am told that the lady is taking the matter to appeal, but this has meant paying the fine then 5000 rupees appeal fee.
Really hope she is successful.
Dread - x
This morning I have been shown a copy and I can confirm that the DoE has issued a confiascation order together with a fine of 1 lakh rupees against an elderly British woman who has a flat in North Goa. Dated Dec 2012 - Panjim ED.
The ED have based the order on alleging that she is not a resident because she did not intend to stay in India for an indefinite period.
I am told that the lady is taking the matter to appeal, but this has meant paying the fine then 5000 rupees appeal fee.
Really hope she is successful.
Dread - x
#3694
Re: GOA - Buyer Beware!
CONFISCATION ORDER ON PROPERTY
This morning I have been shown a copy and I can confirm that the DoE has issued a confiascation order together with a fine of 1 lakh rupees against an elderly British woman who has a flat in North Goa. Dated Dec 2012 - Panjim ED.
The ED have based the order on alleging that she is not a resident because she did not intend to stay in India for an indefinite period.
I am told that the lady is taking the matter to appeal, but this has meant paying the fine then 5000 rupees appeal fee.
Really hope she is successful.
Dread - x
This morning I have been shown a copy and I can confirm that the DoE has issued a confiascation order together with a fine of 1 lakh rupees against an elderly British woman who has a flat in North Goa. Dated Dec 2012 - Panjim ED.
The ED have based the order on alleging that she is not a resident because she did not intend to stay in India for an indefinite period.
I am told that the lady is taking the matter to appeal, but this has meant paying the fine then 5000 rupees appeal fee.
Really hope she is successful.
Dread - x
Any chance you can get a copy of the Order (name blanked out if necessary)?
AndyD 8-)₹
#3695
Forum Regular
Joined: Jul 2012
Posts: 70
Re: GOA - Buyer Beware!
I am so sorry to hear this, what a nightmare for the lady involved.Our solicitor told us that if you get one of these letters the fine can be up to 5 lacs, and the appeal is supposed to be held in Mumbai. He also advised us that the appeal court would take another 5 lac as security. I am not sure how true this is, but it all sounds really costly. I do not understand how this allegation works how can they say that she ( or any of us) did not intend to stay in India for an indefinite period. All of us have end dates on our visas, circumstances also chance over the years. Worrying for us all isn't it?
CONFISCATION ORDER ON PROPERTY
This morning I have been shown a copy and I can confirm that the DoE has issued a confiascation order together with a fine of 1 lakh rupees against an elderly British woman who has a flat in North Goa. Dated Dec 2012 - Panjim ED.
The ED have based the order on alleging that she is not a resident because she did not intend to stay in India for an indefinite period.
I am told that the lady is taking the matter to appeal, but this has meant paying the fine then 5000 rupees appeal fee.
Really hope she is successful.
Dread - x
This morning I have been shown a copy and I can confirm that the DoE has issued a confiascation order together with a fine of 1 lakh rupees against an elderly British woman who has a flat in North Goa. Dated Dec 2012 - Panjim ED.
The ED have based the order on alleging that she is not a resident because she did not intend to stay in India for an indefinite period.
I am told that the lady is taking the matter to appeal, but this has meant paying the fine then 5000 rupees appeal fee.
Really hope she is successful.
Dread - x
#3696
Just Joined
Joined: Jan 2013
Location: Italy - India - Thailand
Posts: 22
Re: GOA - Buyer Beware!
Hi dread,
the allegation that the lady "did not intend to stay in India for an indefinite period" seems to be very weak and difficult to claim in a court, hopefully.
Do you know if there was some other particular problem connected to this case ?
Bye
federico
#3697
Re: GOA - Buyer Beware!
And I agree this is weak and her appeal has some strong grounds
Dread - x
#3698
Forum Regular
Joined: Nov 2010
Posts: 63
Re: GOA - Buyer Beware!
Panels formed to process applications under FEMA
16 Feb. Herald. The Government has constituted committees in both districts to process the pending and future applications by foreigners, PIOs or OCIs for purchase or sale of property, as all of them come under FEMA 1999… According to FEMA, a foreigner can buy land in India only if he has a business visa and lived in the country for 182 days at a stretch in the previous financial year. Data shows that nearly 500 foreigners, mostly British and Russians, bought property in Goa and with most floating companies with locals… 222 words. Full Text
http://www.epaperoheraldo.in/Details...&dat=2/16/2013
16 Feb. Herald. The Government has constituted committees in both districts to process the pending and future applications by foreigners, PIOs or OCIs for purchase or sale of property, as all of them come under FEMA 1999… According to FEMA, a foreigner can buy land in India only if he has a business visa and lived in the country for 182 days at a stretch in the previous financial year. Data shows that nearly 500 foreigners, mostly British and Russians, bought property in Goa and with most floating companies with locals… 222 words. Full Text
http://www.epaperoheraldo.in/Details...&dat=2/16/2013
#3699
Lost in BE Cyberspace
Joined: Nov 2012
Location: bute
Posts: 9,740
Re: GOA - Buyer Beware!
More evidence for the argument "Don't buy - rent !"
#3700
Banned
Joined: Oct 2008
Posts: 2,478
Re: GOA - Buyer Beware!
Look Scot, I think everyone following this forum fully realises that it is extremely stupid to now buy property in Goa, or India in general.
The problems described on here are being experienced by people who bought several years ago before rules were changed with retrospective effect, in addition to the Goa government also introducing actions without any legal backing.
Personally, I rented for over 15 years, and obviously am very glad I did.
A point that has not been made on this subject is that, with rampant construction without any regulation, the ability to move house with ease can be invaluable.
.
The problems described on here are being experienced by people who bought several years ago before rules were changed with retrospective effect, in addition to the Goa government also introducing actions without any legal backing.
Personally, I rented for over 15 years, and obviously am very glad I did.
A point that has not been made on this subject is that, with rampant construction without any regulation, the ability to move house with ease can be invaluable.
.
#3701
Re: GOA - Buyer Beware!
Panels formed to process applications under FEMA
16 Feb. Herald. The Government has constituted committees in both districts to process the pending and future applications by foreigners, PIOs or OCIs for purchase or sale of property, as all of them come under FEMA 1999… According to FEMA, a foreigner can buy land in India only if he has a business visa and lived in the country for 182 days at a stretch in the previous financial year. Data shows that nearly 500 foreigners, mostly British and Russians, bought property in Goa and with most floating companies with locals… 222 words. Full Text
http://www.epaperoheraldo.in/Details...&dat=2/16/2013
16 Feb. Herald. The Government has constituted committees in both districts to process the pending and future applications by foreigners, PIOs or OCIs for purchase or sale of property, as all of them come under FEMA 1999… According to FEMA, a foreigner can buy land in India only if he has a business visa and lived in the country for 182 days at a stretch in the previous financial year. Data shows that nearly 500 foreigners, mostly British and Russians, bought property in Goa and with most floating companies with locals… 222 words. Full Text
http://www.epaperoheraldo.in/Details...&dat=2/16/2013
Your link has the correct wording of the most recent article.
No-one yet knows what this means, but it may be a positive move.
AndyD
#3702
Lost in BE Cyberspace
Joined: Nov 2012
Location: bute
Posts: 9,740
Re: GOA - Buyer Beware!
Look Johnny
I am afraid that I do not have the same confidence as you in the wisdom of the great British public.
I am afraid that I do not have the same confidence as you in the wisdom of the great British public.
#3703
Just Joined
Joined: Jan 2013
Location: Italy - India - Thailand
Posts: 22
Re: GOA - Buyer Beware!
I agree with Andy, it may be a positive move.
At present they only say "NO".
In the future, if they will say "NO", they should also explain "WHY".
federico
At present they only say "NO".
In the future, if they will say "NO", they should also explain "WHY".
federico
#3704
Forum Regular
Joined: Feb 2010
Posts: 49
Re: GOA - Buyer Beware!
Any hope that the British Consul will be briefing/updating Cameron re our property issues on his current 'goodwill' visit to India? And that he will make some bargaining points to mutual advantage?