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-   -   GOA - Buyer Beware! (https://britishexpats.com/forum/goa-170/goa-buyer-beware-435930/)

Return of Santan Apr 12th 2008 11:19 pm

Re: GOA - Buyer Beware!
 
Hi All,
With regards to the petition I think the point here is that it is in essence at present, ONLY a petition in order for government to RAISE the issue on our behalf and not a legal document , yes perhaps the wording may be "technically" incorrect in its format but surely it is based on a lay persons ideas who in turn expect our government to intervene in the correct legal manner.
Which brings me on to my second point which, is unfortunately a critisism of Andy's last points (no offence ) but YES developers and advocates(especially) over there MUST be blamed ! They are the ones who have drawn up contracts etc on our behalf and led us this not so merry dance,they have very much muddied the waters :thumbdown:anyone agree ?

Please carry on signing the petition

Kan-conned

noni Apr 13th 2008 12:48 am

Re: GOA - Buyer Beware!
 

Originally Posted by Kan-conned (Post 6201359)
Hi All,
With regards to the petition I think the point here is that it is in essence at present, ONLY a petition in order for government to RAISE the issue on our behalf and not a legal document , yes perhaps the wording may be "technically" incorrect in its format but surely it is based on a lay persons ideas who in turn expect our government to intervene in the correct legal manner.
Which brings me on to my second point which, is unfortunately a critisism of Andy's last points (no offence ) but YES developers and advocates(especially) over there MUST be blamed ! They are the ones who have drawn up contracts etc on our behalf and led us this not so merry dance,they have very much muddied the waters :thumbdown:anyone agree ?

Please carry on signing the petition

Kan-conned

:thumbsup: Good luck :thumbsup: :wub:Noni

Daff Apr 13th 2008 4:57 am

Re: GOA - Buyer Beware!
 

Originally Posted by Kan-conned (Post 6201359)
Hi All,
With regards to the petition I think the point here is that it is in essence at present, ONLY a petition in order for government to RAISE the issue on our behalf and not a legal document , yes perhaps the wording may be "technically" incorrect in its format but surely it is based on a lay persons ideas who in turn expect our government to intervene in the correct legal manner.
Which brings me on to my second point which, is unfortunately a critisism of Andy's last points (no offence ) but YES developers and advocates(especially) over there MUST be blamed ! They are the ones who have drawn up contracts etc on our behalf and led us this not so merry dance,they have very much muddied the waters :thumbdown:anyone agree ?

Please carry on signing the petition

Kan-conned

Well put Kan-conned,
The petition is another means of seeking help from our politicians, after all it is the Goan politicians that are persuing this anti FN stance.
We began 'buying' our home in November 2006 and no one advised us of any potential difficulties. Do we have to seek assurances when buying a property in EU, from anyone other than our legal representative? Do we have to do our own internet serch in order to be assured we can legally buy? We may have been naive and too trusting but foolish we were not!
Daff

hemingway Apr 13th 2008 7:58 pm

Re: GOA - Buyer Beware!
 

Originally Posted by Daff (Post 6202450)
Well put Kan-conned,
The petition is another means of seeking help from our politicians, after all it is the Goan politicians that are persuing this anti FN stance.
We began 'buying' our home in November 2006 and no one advised us of any potential difficulties. Do we have to seek assurances when buying a property in EU, from anyone other than our legal representative? Do we have to do our own internet serch in order to be assured we can legally buy? We may have been naive and too trusting but foolish we were not!
Daff

Daff - I particularly agree with your last comment & thats probably how I feel that I have been. It's a double edge sword for me because had I discovered this site BEFORE paying money to a developer then I probably wouldn't have gone ahead BUT, friends of mine (FNs) have now got their deeds (I was there when they collected them & have seen/read them) and they have had no problems whatsoever - so, I think to myself, do I try 'get out' & get my money back OR if it's worked out for my friends, I'm going down the same route - so it should work out for me. . . . . . . . :confused:

mywaygoa Apr 13th 2008 9:34 pm

Re: GOA - Buyer Beware!
 

Originally Posted by Kan-conned (Post 6201359)
Hi All,
With regards to the petition I think the point here is that it is in essence at present, ONLY a petition in order for government to RAISE the issue on our behalf and not a legal document , yes perhaps the wording may be "technically" incorrect in its format but surely it is based on a lay persons ideas who in turn expect our government to intervene in the correct legal manner.
Which brings me on to my second point which, is unfortunately a critisism of Andy's last points (no offence ) but YES developers and advocates(especially) over there MUST be blamed ! They are the ones who have drawn up contracts etc on our behalf and led us this not so merry dance,they have very much muddied the waters :thumbdown:anyone agree ?

Please carry on signing the petition

Kan-conned

i agree while all the foreigners are being blamed for the rise in prices of property and land, and for land grabbing, everyone seems to blame the british all the time, we only pay the price the builders/owners are asking. but i agree the advocates should be fined for all the contracts ect that they have falsified, friends of mine had not done there 182/3 days when they bought and told the advocate this, but they was told do not worry when you have we will file the deeds, alls good and well, only the advocate filed them straight away against there wishes as he had power of attourney and they now stand to loose there house, because of fema violation through no fault of there own. as they had a long visa & been here nearly 3 yrs and have only left for 10days in all this time. they are now in a situation created by the advocate and good old british trust!!!!!!!!!

Daff Apr 13th 2008 10:19 pm

Re: GOA - Buyer Beware!
 

Originally Posted by hemingway (Post 6205038)
Daff - I particularly agree with your last comment & thats probably how I feel that I have been. It's a double edge sword for me because had I discovered this site BEFORE paying money to a developer then I probably wouldn't have gone ahead BUT, friends of mine (FNs) have now got their deeds (I was there when they collected them & have seen/read them) and they have had no problems whatsoever - so, I think to myself, do I try 'get out' & get my money back OR if it's worked out for my friends, I'm going down the same route - so it should work out for me. . . . . . . . :confused:

If we had seen this site in 2006 we would NEVER have gone anywhere near purchasing. Like hemingway we are now between the 'devil and the deep blue sea'. Do we try to get back some money and leave, stick it out and succeed or stick it out and loose the lot anyway. Any one got a crystal ball?? (apart from Douglas that is). We have not personnaly met anyone who has been given back their money after full payment but have heard of it happening at the early stages of development. Perhaps sticking it out for now and watching the tide flow may be the best idea. And of course keep an eye on this site.
Douglas - all advice/info still gratefully received.
Daff

PS Have just received this mail to our personal address box. It is copied in to a cast of hundreds!!! Who says that properties are not still being marketed to FN's??? And where did they get our personal mail address anyway? The only persons who have it in Goa, to our knowledge, are our builder and our advocate!!!
.................................................. .................................................. .................................................. ...................................
Hi,
Please click the link to download the Residential Project of Akar Creations in Goa India

http://sketchup.google.com/3dwarehou...e497701c9cd7b3

Please let me know your opinion about the project.
we offering 10 % discounts if purchased before 31st april 2008.

The project comes with best of the best amenities

await for reply
regards
vineet
9225904942

VINEET DHARESHWAR
www.shristirealtors.wetpaint.com
MARGOA -GOA
(M) 9225904942
Email addr : [email protected]

noni Apr 13th 2008 10:48 pm

Re: GOA - Buyer Beware!
 

Originally Posted by hemingway (Post 6205038)
Daff - I particularly agree with your last comment & thats probably how I feel that I have been. It's a double edge sword for me because had I discovered this site BEFORE paying money to a developer then I probably wouldn't have gone ahead BUT, friends of mine (FNs) have now got their deeds (I was there when they collected them & have seen/read them) and they have had no problems whatsoever - so, I think to myself, do I try 'get out' & get my money back OR if it's worked out for my friends, I'm going down the same route - so it should work out for me. . . . . . . . :confused:

Hi Hemingway,
I agree with what you say about some people have deeds and have not been hassled by the D of E. From what I understand they started from the year we registered, (lucky us) and are supposed to be working backwards.
I think it was 2006 we registered. All our friends who are being investigated are the same year. :curse:

hemingway Apr 13th 2008 10:58 pm

Re: GOA - Buyer Beware!
 

Originally Posted by noni (Post 6205715)
Hi Hemingway,
I agree with what you say about some people have deeds and have not been hassled by the D of E. From what I understand they started from the year we registered, (lucky us) and are supposed to be working backwards.
I think it was 2006 we registered. All our friends who are being investigated are the same year. :curse:

Hi Noni - I really hope all the D of E investigations don't progress & come to nothing. It would be interesting to know if any of the people who have formed a 'Limited Company' have been hassled by the D of E. . . . . . . . . . . .

Hemingway.

Douglas M Apr 14th 2008 12:29 am

Re: GOA - Buyer Beware!
 
Douglas - all advice/info still gratefully received.
Daff


Hi Daff,

Nothing new to add really, the covert operation against FNs by the Goan and central govt is well under way. My prognosis continues to be that the majority of FNs will leave India and the majority of their money will stay behind.

There is some justification for this of course, the recent example given of a FNs attorney who presumably swore an affidavit stating that the FNs were resident when they were not, quite rightly pisses everybody off.

kind regards

douglas

noni Apr 14th 2008 1:16 am

Re: GOA - Buyer Beware!
 

Originally Posted by Douglas M (Post 6206263)
Douglas - all advice/info still gratefully received.
Daff


Hi Daff,

Nothing new to add really, the covert operation against FNs by the Goan and central govt is well under way. My prognosis continues to be that the majority of FNs will leave India and the majority of their money will stay behind.

There is some justification for this of course, the recent example given of a FNs attorney who presumably swore an affidavit stating that the FNs were resident when they were not, quite rightly pisses everybody off.

kind regards

douglas

Hi Douglas,

Know you are busy with your visitors, but when you have time, will you tell us how you think YOU like myself will fair, having done everything properly, (or so we thought). FN's Advocates who swore affidavits should be made to pay the price for their underhandedness, not the FN.

Has Mrs. D. had a new vest recently :sneaky:

Douglas M Apr 14th 2008 2:08 am

Re: GOA - Buyer Beware!
 

Originally Posted by noni (Post 6206464)
Hi Douglas,

Know you are busy with your visitors, but when you have time, will you tell us how you think YOU like myself will fair, having done everything properly, (or so we thought). FN's Advocates who swore affidavits should be made to pay the price for their underhandedness, not the FN.

Has Mrs. D. had a new vest recently :sneaky:

Hi Noni,

Second para first. Sorry i cannot accept this one, we have had FNs telling us that they have signed leases and think they are sales deeds and now they think they can give POAs to almost strangers and feel they are not culpable. A POA is a serious document, if you dont understand it dont sign it.

FNs have to stop whinging and blaming and take their medicine. At least they will leave India with some dignity.

The majority of FNs who signed and registered a sales deed after completing 183 days min. in the previous tax year are probably not resident under FEMA in my view, as they didnt have an intention to stay in India. Their intention was to clear off back to uk to their jobs , homes families, investments etc ASAP.

I am sure the Indian perspective is that the true FN resident should make a commitment to India and also be restricted with regard to overseas investment( e g uk bank accounts, property, businesses, share portfolios etc) the same as Indian nationals are. In return they are entitled to resident privileges.

I cannot read anything into FEMA that suggests they wanted hoards of foreigners to buy second holiday homes in India and then clear off home. Quite the contrary, for that reason the act is clearly restrictive.(and available on line in english, it even has a Q and A section that answers the obvious questions like "can non resident FNs buy immovable property in India " A = NO.

If you can bring yourself to adopt the Indian perspective, the whole thing starts to make sense and you begin to see that swearing false affidavits and floating shell cos by FNs is an abuse of their control system.

It doesnt really matter what the outcome of the Dof E investigation is, i suspect they will eventually confiscate a few properties, void the sales of those who they deem non resident and simply ignore the rest.

The register will remain closed anyway so you will not be able to sell and when you die your estate probably wont be able to transfer the title.

If they also tighten the screws a little on the visa front, its check mate for India.

Mrs D left her spare vest in Goa, so she is still making do with the camo version.

kind regards
douglas

noni Apr 14th 2008 4:45 am

Re: GOA - Buyer Beware!
 

Originally Posted by Douglas M (Post 6206727)
Hi Noni,

Second para first. Sorry i cannot accept this one, we have had FNs telling us that they have signed leases and think they are sales deeds and now they think they can give POAs to almost strangers and feel they are not culpable. A POA is a serious document, if you dont understand it dont sign it.

FNs have to stop whinging and blaming and take their medicine. At least they will leave India with some dignity.

The majority of FNs who signed and registered a sales deed after completing 183 days min. in the previous tax year are probably not resident under FEMA in my view, as they didnt have an intention to stay in India. Their intention was to clear off back to uk to their jobs , homes families, investments etc ASAP.

I am sure the Indian perspective is that the true FN resident should make a commitment to India and also be restricted with regard to overseas investment( e g uk bank accounts, property, businesses, share portfolios etc) the same as Indian nationals are. In return they are entitled to resident privileges.

I cannot read anything into FEMA that suggests they wanted hoards of foreigners to buy second holiday homes in India and then clear off home. Quite the contrary, for that reason the act is clearly restrictive.(and available on line in english, it even has a Q and A section that answers the obvious questions like "can non resident FNs buy immovable property in India " A = NO.

If you can bring yourself to adopt the Indian perspective, the whole thing starts to make sense and you begin to see that swearing false affidavits and floating shell cos by FNs is an abuse of their control system.

It doesnt really matter what the outcome of the Dof E investigation is, i suspect they will eventually confiscate a few properties, void the sales of those who they deem non resident and simply ignore the rest.

The register will remain closed anyway so you will not be able to sell and when you die your estate probably wont be able to transfer the title.

If they also tighten the screws a little on the visa front, its check mate for India.

Mrs D left her spare vest in Goa, so she is still making do with the camo version.

kind regards
douglas

:wub: Oh!you are back in fine fettle. Andy and Remy can take a holiday now.

Daff Apr 14th 2008 6:12 am

Re: GOA - Buyer Beware!
 
Douglas,
Thanks for your honest, and as always to the point advice. Won't bother to employ a decorator to do the place up over the monsoon. It can rot! It is a shame that those of us who honestly wanted to commit to India and who have invested most of their hard earnt savings in order to do so have been lumped in with the 'buy and run' brigade. In defense of a large number of us we did indeed follow the advice of our advocates to take the business route and estate agents who always told us that that we had the right to buy. We trusted them to our cost. Only time has proved that it was all lies.
Better get back to work to earn enough money to replace the pension fund which has been wasted. Wonder if we can manage another job each instead of sleeping!!
Daff

Return of Santan Apr 14th 2008 9:36 am

Re: GOA - Buyer Beware!
 
Just checked "The Petition" 44 already !:thumbsup:But I am sure we can all do MUCH BETTER if we really try, to all out there try sending it to at least 5 friends with a personal message attached :wub:
To those who haven't signed it dont worry NO Personal info is shown !Even abbreviate your name if you don't want that shown:thumbup:

Come on lets try for 100 in the first week !

Kan-conned

Douglas M Apr 14th 2008 1:12 pm

Re: GOA - Buyer Beware!
 

Originally Posted by Daff (Post 6207836)
Douglas,
Thanks for your honest, and as always to the point advice. Won't bother to employ a decorator to do the place up over the monsoon. It can rot! It is a shame that those of us who honestly wanted to commit to India and who have invested most of their hard earnt savings in order to do so have been lumped in with the 'buy and run' brigade. In defense of a large number of us we did indeed follow the advice of our advocates to take the business route and estate agents who always told us that that we had the right to buy. We trusted them to our cost. Only time has proved that it was all lies.
Better get back to work to earn enough money to replace the pension fund which has been wasted. Wonder if we can manage another job each instead of sleeping!!
Daff

Hi Daff,

You are almost there, fact find, acceptance, understanding- all part of the healing process. FNs should be focusing on the internal process like you are rather than acting in external dissaray.

This is a class action against all FNs and those genuinely resident will be penalised along with the rest. I have learnt not to take it personally.

Thing scould be worse, you could be Russian. They are at the forefront of the demonisation of FNs.

I am in the process of abandoning my house, but who knows the odd FN may slip through the net simply due to the dysfunctionality of the place.

kind regards

douglas


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