indianowl

Hi Noni,

I am am posting a brief outline of my problem so that anyone can comment if they wish. I will send you further details in a PM(could you please advise how to do this) which contains more personal details which I would not want to be freely available :

X-visa / 1997 - 2008 ; Business Visa / 2008 - present

Agreement of Sale(inc. thumbprints) registered with sub-Registrar in 2004 with Affidavit covering FEMA issues.

Aug 2005. Received letter from ED requiring documents in relation to purchase.

2008-2009. Request to register Deed of Sale involved Advocate, sub-Registrar, Home Dept, District Registrar and Anupam Kishore(AK).

Feb 2009. Summoned to appear before ED in Panjim. More documents required. Overall impression given was that we had nothing to worry about.

May 2009. On advice from the District Registrar, formally requested sub-Registrar to register Deed of Sale. He refused stating he would only do so on instructions from a competent authority of the Government of Goa.

Again on advice from the District Registrar, referred all the papers to AK for decision. Within two days(!) he had replied stating that he had referred the papers to ED for action since we were, prima facie, in breach of FEMA 99 in that we had come to India on Tourist Visas. I immediately replied to both AK and ED stating that this was incorrect and that the only Tourist Visas we had had related to a time prior to 1997 when we visited India on holiday. No reply from either to date and my formal application to register a Deed of Sale with all the notarised supporting papers seems to have disappeared into thin air.

2010. Submitted pro-forma to BHC. Eventually got info off record that the problem was that we had registered property on X-Visas. This was the final irony since we were told by the Consulate in 2008 that the issue of annual X-Visas from 2002-2007 had been a mistake and that we should have been issued with Business Visas as we have been since 2008.

After this, I lost the immediate will to pursue the matter further since I could see no way forward. So if any of you can help in what seems like a changing http://images.ibsrv.net/ibsrv/res/sr...erscrossed.gif situation I would be very grateful. My desired goal is to register a Deed of Sale and only sell later if personal circumstances change.

davidhendry

On Wed., before going into the courtroom, my lawyer explained the result of a meeting with the collector/registrar, Mapusa. The gist is, no matter what the court decides he/they, are NOT allowing my house to be registered in my name.
What is the point of fighting a case for thirteen years and the possible outcome to be ignored. I mentioned contempt of court, he seemed to shrug this off.
Later in court I was given another date, June 14. And so it goes on.

Justice, these bastards couldn't spell it.

Davie.

noni

Don't let the B: S get you down.
Good luck for your June date.

dreadsoc

Ridiculous isn;t it Davie?

You need some beer my friend................

Dread - x

davidhendry

Dread, went to town on it last night. Paying for it today.

Davie.

dreadsoc

Hehe.....glad to hear it Davie.....

Dread - x

k800mer

Try taking your hangover cure before you go to bed after drinking a lot. I take soluble tablets called paramol seltzer, have not suffered the next day for years.

dreadsoc

Hi Indianowl

You are in the same position as many others who have purchased property in Goa.
The ED have no jurisdiction over your case at the present time because no sale takes place until the transfer of sale deeds. Thsi has been confirmed by the Supreme Court of India, which is probably why you have heard absolutely nothing in response from them.
There are some political goings on at presentt where th BHC have stepped up and taken the issue on, one issue being that the registrar reopen to foreigners.
Let us see what happens

Dread - x

hemingway

Let us all that it is relevant to hope so, BUT David Hendry's post further up this thread from a few days ago doesn't provide much encouragement.

H.

dreadsoc

One of the issues being addressed at political level is this closure of the registrar to foreigners......like anything political it won;t happen overnight and I cannot put too much detail on here, only to say that I am hopeful that this will change.

Dread - x

indianowl

Is this a recent ruling from the Supreme Court of India ?

dreadsoc

I am not sure when it came out - but the Goa ED are acknowledging this ruling now and no longer alleging de facto sale at the time of an Agreement for Sale..........which is a definite good thing!!!

I will ask another poster who has details to copy and paste..................

Dread - x

babu1

Though it may also mean you de facto do not own any property in Goa even though you have paid for it..........which is a definite bad thing!!!

Any declaration in an Agreement of Sale of a future intention to register the Deed "when circumstances allow" is surely null and void???

Though it does mean the D of E have called the dogs off while the position of those with an unregistered Deed is considered........which is a definite good thing!!!

johnny five

Chameleons

Anybody got any questions for Sir James Bevan?

https://www.gov.uk/government/world-...ive-on-twitter

Remembering tweets are limited to 140 characters, of course!