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Re: GOA - Buyer Beware!
Originally Posted by a_f_d
(Post 11288991)
At the end of April, almost exactly six years after we purchased our Goa property, the deeds were finally registered by the Registrar at Mapusa.
This followed a lot of hard work by many people including our lawyer Augustus Monteiro and a series of appeals to the District and State registrars, the fast-track court in Mapusa (we won our case but it was appealed), and finally the High Court of Bombay at Goa. The High Court supported earlier verdicts in other High Courts (some going back to the 1950's) that the Registrars can not refuse or hold up Registration of a document except for reasons set out in the Registration Act 1908 (or other Statutes specifically overriding that Act). I had held back from making this public in the hope that the Registrars would themselves announce their procedure for future cases, unfortunately this has not happened. I have heard unofficially that they may accept all Deeds for Purchase by foreigners* but refer Sales by foreigners to the State Property Committee. This appears to partly fly in the face of the High Court Judgements! [* It is of course open to the Registrars to mention these purchases to the Enforcement Directorate who may decide to investigate them, however, as anyone who attended the last BHCI townhall meeting will know, there have been a number of recent cases before the ED which were found in favour of the foreign property owners]. If you have purchased property in Goa as a foreigner then you can get more information from the Property Owners Working Party - contact Richard at [email protected] AndyD 8-)# |
Re: GOA - Buyer Beware!
Originally Posted by Mitzyboy
(Post 11289078)
That sounds excellent. I've followed to woes on here for some years and am glad to see some light at the end of the tunnel. Does that mean that a precedent has been set? Please explain (I'm being dim here), does that mean that foreigners can now legally own property there
A non-resident foreigner cannot now purchase (although can inherit) unless of Indian origin. It is complicated I am sure Andy will explain further. |
Re: GOA - Buyer Beware!
Originally Posted by a_f_d
(Post 11288991)
At the end of April, almost exactly six years after we purchased our Goa property, the deeds were finally registered by the Registrar at Mapusa.
This followed a lot of hard work by many people including our lawyer Augustus Monteiro and a series of appeals to the District and State registrars, the fast-track court in Mapusa (we won our case but it was appealed), and finally the High Court of Bombay at Goa. The High Court supported earlier verdicts in other High Courts (some going back to the 1950's) that the Registrars can not refuse or hold up Registration of a document except for reasons set out in the Registration Act 1908 (or other Statutes specifically overriding that Act). I had held back from making this public in the hope that the Registrars would themselves announce their procedure for future cases, unfortunately this has not happened. I have heard unofficially that they may accept all Deeds for Purchase by foreigners* but refer Sales by foreigners to the State Property Committee. This appears to partly fly in the face of the High Court Judgements! [* It is of course open to the Registrars to mention these purchases to the Enforcement Directorate who may decide to investigate them, however, as anyone who attended the last BHCI townhall meeting will know, there have been a number of recent cases before the ED which were found in favour of the foreign property owners]. If you have purchased property in Goa as a foreigner then you can get more information from the Property Owners Working Party - contact Richard at [email protected] AndyD 8-)# B. |
Re: GOA - Buyer Beware!
Originally Posted by a_f_d
(Post 11288991)
At the end of April, almost exactly six years after we purchased our Goa property, the deeds were finally registered by the Registrar at Mapusa.
This followed a lot of hard work by many people including our lawyer Augustus Monteiro and a series of appeals to the District and State registrars, the fast-track court in Mapusa (we won our case but it was appealed), and finally the High Court of Bombay at Goa. The High Court supported earlier verdicts in other High Courts (some going back to the 1950's) that the Registrars can not refuse or hold up Registration of a document except for reasons set out in the Registration Act 1908 (or other Statutes specifically overriding that Act). I had held back from making this public in the hope that the Registrars would themselves announce their procedure for future cases, unfortunately this has not happened. I have heard unofficially that they may accept all Deeds for Purchase by foreigners* but refer Sales by foreigners to the State Property Committee. This appears to partly fly in the face of the High Court Judgements! [* It is of course open to the Registrars to mention these purchases to the Enforcement Directorate who may decide to investigate them, however, as anyone who attended the last BHCI townhall meeting will know, there have been a number of recent cases before the ED which were found in favour of the foreign property owners]. If you have purchased property in Goa as a foreigner then you can get more information from the Property Owners Working Party - contact Richard at [email protected] AndyD 8-)# |
Re: GOA - Buyer Beware!
Originally Posted by Mitzyboy
(Post 11289078)
. I've followed to woes on here for some years and am glad to see some light at the end of the tunnel.
Originally Posted by a_f_d
At the end of April, almost exactly six years after we purchased our Goa property, the deeds were finally registered by the Registrar at Mapusa
One has to hope that this will help set a precedent which cannot be ignored. |
Re: GOA - Buyer Beware!
At the end of April, almost exactly six years after we purchased our Goa property, the deeds were finally registered by the Registrar at Mapusa.:goodpost:
Great news Andy - well done, that must be a hell of a weight off your mind and at least its some encouragement for the rest of us in the same boat RofS |
Re: GOA - Buyer Beware!
At last, the rule of law!!! Well done, Andy & Team!!!
As you said, will the Registrar now accept the High Court judgments cited in your case and register the transfer of sales? There's encouraging news out there on at least three NOC's recently been granted to sell. Good luck at the Mamladtar, Deputy Collector, Panchayat, Talathi, PWD..........all are presently in breach of recent legislation - in my case - compelling them to reply in a given time and won't deal with a foreigner anyway without Enforcement Directorate clearance. Absence of Sanad because it's an old house, need for re-survey and conversion, demarcation of structure on Land & Settlement Office survey plan, mutation Form I & XIV, demarcation on village panchayat survey plan, Regional Plan 2021 Master Gazette, CRZMA.....all fun and games. Happy notarising and stick at it!!! Congratulations. .....and many thanks for advice and legal information you've given to date, much appreciated. |
Re: GOA - Buyer Beware!
I'm sitting tight until it becomes clear.;)
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Re: GOA - Buyer Beware!
Originally Posted by leavinggoa
(Post 11290868)
I'm sitting tight until it becomes clear.;)
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Re: GOA - Buyer Beware!
Lets hope so <snip>!
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Re: GOA - Buyer Beware!
As you are aware Dread and I have not been posting for the last year. I had to post today to let all my friends know that I have today been cleared by the Enforcement Directorate, six years of hell is over for me. Dread has worked so hard for me, and others on this site. It is such a pity that she is not here to carry on the good work. But at least she will be having a holiday when she is in Goa. Good luck to the rest of you. This will be my last post, am really sad the way this site is now, when once it was buzzing.
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Re: GOA - Buyer Beware!
Originally Posted by noni
(Post 11418070)
I had to post today to let all my friends know that I have today been cleared by the Enforcement Directorate, six years of hell is over for me. Dread has worked so hard for me, and others on this site. This will be my last post, am really sad the way this site is now, when once it was buzzing. 2) BIG UP DREAD! 3) Pretty much no one posts regularly in the Goa section of B.E. any more. . . . . . . . . . . Regards H. |
Re: GOA - Buyer Beware!
Originally Posted by noni
(Post 11418070)
As you are aware Dread and I have not been posting for the last year. I had to post today to let all my friends know that I have today been cleared by the Enforcement Directorate, six years of hell is over for me. Dread has worked so hard for me, and others on this site. It is such a pity that she is not here to carry on the good work. But at least she will be having a holiday when she is in Goa. Good luck to the rest of you. This will be my last post, am really sad the way this site is now, when once it was buzzing.
Many congratulations - I am delighted that after all these years of stress, justice has finally prevailed. Very best wishes to you. Veri |
Re: GOA - Buyer Beware!
Originally Posted by noni
(Post 11418070)
As you are aware Dread and I have not been posting for the last year. I had to post today to let all my friends know that I have today been cleared by the Enforcement Directorate, six years of hell is over for me. Dread has worked so hard for me, and others on this site. It is such a pity that she is not here to carry on the good work. But at least she will be having a holiday when she is in Goa. Good luck to the rest of you. This will be my last post, am really sad the way this site is now, when once it was buzzing.
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Re: GOA - Buyer Beware!
:goodpost:
Originally Posted by noni
(Post 11418070)
As you are aware Dread and I have not been posting for the last year. I had to post today to let all my friends know that I have today been cleared by the Enforcement Directorate, six years of hell is over for me. Dread has worked so hard for me, and others on this site. It is such a pity that she is not here to carry on the good work. But at least she will be having a holiday when she is in Goa. Good luck to the rest of you. This will be my last post, am really sad the way this site is now, when once it was buzzing.
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