a_f_d

pai-s said
I can see the attraction of this sort of arrangement but in fact it is not within the power of the Goan government to make an FN purchase legal or otherwise - that is controlled by FEMA and the Transfer of Property Act 1908 which are both Union laws.
This is the reason why they have taken the route of (unlawful) administrative instructions to the Registrars.

AndyD 8-)#

Return of Santan

Sorry to bump this thread
With regards to stamp duty being paid/charged ( see thread) if this has been paid and accepted by an official in Goa, surely this can be used in mitigation of "ownership"when the 380+ go to court? (if ever)

I am prepared to be shot down on this avenue of thought.. any views ?

Geoff's petition is now up to 122 so another 78 to go I personally still feel that this is only a "petition" at this stage nothing more, therefore when it gets passed the 200 thats the time to talk about legalities ?

Seeings as The Jeremy Vine radio 2 show has not been in touch and I have not received any objections to giving this thread the researchers direct telephone line.. here it is... 0207 636 2273 so who fancies giving them a blast ?

noni

[/QUOTE]

Hi Pai-s,
: Thanks for your lovely comments.
The whole of our family and friends love the beautiful side of Goa and we love the indian culture, we have many indian friends in the UK and in Goa.
What we find hard to accept, (even with my indian head on) is the open corruption etc. etc.

We have the property fiasco, the shack fiasco, people getting murdered, and what are the police and politicians doing - pulling down shacks, frightening off the tourists.
Let them get to the core of the problems in Goa most of all not be afraid of arresting the people who are selling the drugs.

Need a 'noffi now.

Once again, thanks for your letter. Hope all goes well with you so that you can live your dream. Noni

a_f_d

I recently said:
In fact the published figures were 30-50 lakhs at 3% BUT
subsequent to (but probably not because of) my letter about this in the Herald I have been told the increases are on hold.

AndyD 8-)#

hemingway

Here's an article from today's Herald, there's a similar one in the Navhind times - it might seem obvious but to me this is yet more bad news for 'buyers' whether you happen to be FN, NRI, PIO or OCI - any comments?

People’s power prevails,Benaulim to axe three housing projects
BY HERALD REPORTER
MARGAO, MAY 2 – Benaulim Panchayat on Friday finally bowed down to the demands of local villagers against controversial mega housing projects approved by the body.
Amidst uproar and bedlam, the panchayat took a far-reaching decision by agreeing to revoke the construction licences of the three controversial mega housing projects.
That’s not all. A joint meeting with the villagers resolved not to entertain any more mega housing projects in the coastal village till the existing pathetic infrastructure is upgraded to meet the future requirements.
Sarpanch Maria Fernandes later told Herald that the panchayat would issue notices to the builders of its decision to revoke the licence for violating the licence conditions. She said the builders have misrepresented the facts by showing an 8-meter road on the plan, when the existing road is hardly 2.5-3 metres.
The sarpanch further maintained that no mega housing project would be entertained by the panchayat in the near future and that mega constructions would be placed before a committee for screening and decision.
These decisions were taken after a three-hour long marathon meeting of the panchayat members, MLA Mickky Pacheco, government officials and members of the Benaulim Villagers Action Committee, which witnessed heated exchanges between the villagers and panch members and intense questioning of government officials over their role in approving the projects.
The sapranch and panchas, including two women panchas, came under fire from the villagers, At point, the villagers were seen charging towards the women panchas, but were kept at bay by others before the situation could go out of control.
Benaulim Villagers Action Committee Chairperson Geraldine Fernandes exposed the authorities, including officials of water supply, PWD roads, besides the panchayat secretary for their sins of omission and commission while approving the housing projects.
She demanded to know from the engineer (water supply) whether the panchayat had obtained permission to cut the road for laying a water pipeline. She wondered how and from where the new housing projects would be supplied water when benaulim is facing acute water shortage.
Geraldine also pulled up Town Planner B Bykad for approving the plan by showing an eight meter road when there exists only a 2.5 meter wide road.
Mickky clarified that he is in no way connected with any of the housing projects or its approval and strongly favoured a system, wherein the ward panch, villagers and citizens committee sit down and discuss before approving the projects.
The MLA maintained that it’s the responsibility of the local body to first ascertain the existing infrastructure before taking any decision.
Mickky, however, came under fire from people when he feigned ignorance about a resolution passed by the panchayat last year, restricting construction activity within 800 square meters.
“The panchayat neither informed me nor sent the resolution to the government. The panchayat should have forwarded the resolution to the government for approval,” he said.


Hemingway.

wheatsheaf

This is actually good news. Any one who loves Goa will want to preserve as much as possible of what makes it attractive. Isnt the above article indication of people who know Goa fighting the corruption, pollution and lawlessness?. I see it as a stop to the 'free for all' attitude from all quarters whether FN, PIO or local. In any case, why would anyone want to "buy" into a potential slum with just a beautiful sunset?

Sam K

Sum more news about whats happening in Goa with regards to the proposed housing projects in Benaulim & Moira

http://www.navhindtimes.com/articles...tory_ID=050348

http://oheraldo.in/pagedetails.asp?nid=3480&cid=10

Hope atleast now all the prospective buyers (FN's ) will understand the Problems and dangers involved in buying in Goa and make a better use of their financial resources.

Return of Santan

Thursday 24 Apr, 2008
“Invest in properties in Goa” Alemao
24 Apt: Arab Times (Kuwait). Churchill Alemao, the Goan Cabinet Minister urged NRIs to invest in properties back home, even as he said that the Goa government passed a law banning the sale of land to foreign nationals. He added that the Goa government is going to confiscate the properties presently owned by foreigners and auction them off. … He also said that the Goa government has passed a law which safeguards the properties of NRIs. 1104 words.
[Ed: The Goa Govt. does not have the power to confiscate properties owned by Foreign Nationals. Also, NRIs who are Foreign Nationals are next in the firing line]
more details.. :curse:

Hi All,
I dont know how many of you read this MUGABWE style outcry from Alemao but, this is one of the many reasons why we all must use whatever resources we have to bring our issues to the British public/medias attention !
Geoffrey's petition now stands at 146 out of the 200 requiredso only 54 to go, so can I ask any of the can't be bothered/apathetic amongst you to sign up?
I know there is other work by other SAAGi expats going on "behind the scenes" to highlight the issues so come on lets all pull together on this and keep the momentum going.. this is going to be the best chance of at least getting our voices heard !

Douglas M

HI Kan -conned.

There is a lot of noise coming from both sides. These noises are simply distractions and have no weight in law.

It is essential that FNs understand the fundamental issues and remain focused throughout.

The fundamental issues regarding transfer of immovable property by FNs in india are-

1) Did the FN execute a transfer ( eg pay a consideration, sign a sales deed and register it)?

2) Was the FN resident at the time of transfer?

3) Can the FN prove residency to the requesting authority?

4) Did the purchase monies remit through normal banking channels?

5) Was the transfer permitted in law (eg not agricultural land)


If you cannot answer yes to all five questions, you have committed offences under indian law and you must surely expect to be punished for these breaches of FEMA.

If you didnt even get to base 1 , it is a civil issue, you simply paid someone too much and/or paid too early, for something other than a transfer.

regards
douglas

Return of Santan

Hi Douglas & All,

Your 5 points are indeed very relevant to property purchase in India, but I do feel they were never made as transparent to us (including you ?) as you have shown, therefore I feel blame MUST BE apportioned to the advocates, builders and developers in the first place who drew up our documents etc and got us all into this mess we find ourselves.
One can argue that ignorance of the law is no excuse but that is why we go to lawyers to guide us through the process in the first place.
We in the UK at least have the bar council to appeal to if all fails, but one can imagine complaining to the bar council of Maharastra & Goa ? our visas would more than likely be taken away from us.. at least.
The Lord Mayor of London has unwittingly?.. drawn the British government into the equasion by his comments made dururing his recent Indian visit where he spoke about the need for Goa to upgrade infrastructure and asking for advice from London and various financial institutions for "investment".. are we not "investors?"
We ALL must continue to challenge the predicament and even at its worst conclusion we stop other Brits making our mistake, surely its a worthwhile challenge ?

Geoffrey Ponds petition is now at 150 signatures out of 200 required, so a final push should be undertaken by all affected and concerned,for those who have missed it, please go to ;

http://petitions.pm.gov.uk/Goa-properties/

old man

have just googled Chris Gregory :curse:
has come up Chris Gregory & Co. 110 Coast Road, West Mersea, Colchester CO58NA so I take it he is a UK Estate Agent. It will not cost you anything to report him to the Ombusman.

Douglas M

Hi Kan-conned,

Thank you for your response.

I understood the FN requirements under FEMA at outset and the risks involved in buying in goa (even if resident). As result i fully accept the situation i am in .

You display a substantial amount of moral indignation in this and previous posts. This leads you to bizarrely link the LM of london with your current situation.

Unfortunately FEMA makes no mention of moral indignation, the criteria for FNs purchasing immovable property in india is unchanged ie residency and proof thereof.

Your last para has some merit, if your objective is prevention of fellow FNs making the same mistake that is admirable.

However, be prepared for a substantial amount of denial from FNs and strong sense of entitlement to march into someone elses country and buy up lumps of it even if the law prohibits them from doing so (unless resident).

When it goes pear shaped they blame everyone else but themselves.

regards

douglas

Honey Bee

Andy - and all the rest of our friends on B E.

It was brought to the attention of TONIGHT WITH TREVOR MCDONALD our problems purchasing in Goa, and the threat of confiscation of our properties. The team is very interested in our stories - please email yours to
[email protected]. (Assistant Producer) If you are interested I can also give you her direct line telephone number she is waiting for our calls.

Honey Bee

Thanks to those of your who have contacted Jemma.
The TONIGHT team are very intrested in this subject, please email her your
comments.
Are you brave enough to appear on TV with Sir Trevor?

rula

Rumour has it, Estate Agent, is not his registered business!