GOA - Buyer Beware!

Old May 19th 2008, 4:43 am
  #1381  
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Default Re: GOA - Buyer Beware!

Originally Posted by a_f_d
Douglas,
I am told (so this is not certain) that the four month limit is until the deed is *presented*. This is important because it does at least mean that the FN deeds "accepted but not ordered for Registration" are exempt the four month limit.

AndyD 8-)#

Hi Andy,

You could well be correct, the 1908 act does use the term presented

For the benefit of the techys amongst us i paste the relevant sections.



PART IV

OF THE TIME OF PRESENTATION



23. Time for presenting documents.

Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:

Provided that a copy of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is appealable, within four months from the day on which it becomes final.



1*[23A. Re-registration of certain documents.

Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months from his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented. in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered ; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it had not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration ; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration :

Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.]

----------------------------------------------------------------------------------------------------------------

1. Ins. by Act 15 of 1917, s. 2.

----------------------------------------------------------------------------------------------------------------



24. Documents executed by several persons at different times.

Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.




Provision where delay in presentation is unavoidable



25. (1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in 1*[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.

(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.



26. Documents executed out of India.

When a document purporting to have been executed by all or any of the parties out of 1*[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied –

(a) that the instrument was so executed, and

(b) that it has been presented for registration within four months after its arrival in 1*[India], may, on payment of the proper registration-fee, accept such document for registration.





kind regards

douglas
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Old May 19th 2008, 4:54 am
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Default Re: GOA - Buyer Beware!

Originally Posted by noni
Our great friend Gordon Brown is launching his You tube Q & A. So please put your questions to him on www.YouTube. 10 downing Street.

He only has 3500 so far.

Hi Noni,

This isnt the sequel to hitlers new bike is it?

kind regards
douglas
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Old May 19th 2008, 5:39 am
  #1383  
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Default Re: GOA - Buyer Beware!

Originally Posted by a_f_d
Chapter and verse (or retraction) please.

AndyD 8-)#
Hi Andy,

I think people are getting their wires slightly crossed,
this is what FEMA says about Resident Fns .


2(v)
"person resident in India" means—

(i)
a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year but does not include

(A)
a person who has gone out of India or who stays outside India, in either case—

(a)
for or on taking up employment outside India, or

(b)
for carrying on outside India a business or vocation outside India, or

(c)
for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period;


(B)
a person who has come to or stays in India, in either case, otherwise than—

(a)
for or on taking up employment in India, or

(b)
for carrying on in India a business or vocation in India, or

(c)
for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period;

(ii)
any person or body corporate registered or incorporated in India,

(iii)
an office, branch or agency in India owned or controlled by a person resident outside India,

(iv)
an office, branch or agency outside India owned or controlled by a person resident in India;
2(w)
"person resident outside India" means a person who is not resident in India;



2v (A) (a)&(b) about taking up work outside India is (i think) where some people are getting confused but it dose'nt say anything about having an income from outside India whilst resident in India ......at least i have'nt seen it anywhere.

Cheers,
Remy

Last edited by Remy-Ireland; May 19th 2008 at 5:43 am.
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Old May 19th 2008, 5:55 am
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Default Re: GOA - Buyer Beware!

Originally Posted by noni
Punch some data, pink books, four months etc. Chapter and verse. retrations or extractions.
come on you guys lets get a life and have a party
however we put it we are all in S..t street.

and no amount of punching XL, pink books, A4 bits of paper. four month time limites, even Deeds that are Registered are going to change this.

So get out the 'noffi and party.
Before we all loose the plot.

Thats probably the best advice i have read for a long time.
Save some for me.


Remy
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Old May 19th 2008, 7:08 am
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Default Re: GOA - Buyer Beware!

Douglas

The youtube vid is hysterical, it's a good job it was not a Duccati.

Best

Marty
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Old May 19th 2008, 7:27 am
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Default Re: GOA - Buyer Beware!

Originally Posted by a_f_d
Chapter and verse (or retraction) please.

AndyD 8-)#
Hi Andy,

I think Remy has given you chapter and verse.

I did not word my post very well. What I meant was:

To buy a property you have to be a resident and by having employment outside of India excludes a person from having residency.

When we were buying, this was one of the things we were told by our advocate. I know Remy thinks I am confused but the word employment would normally mean salary. But I am sure someone will put me right if this is not correct.

More
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Old May 19th 2008, 7:43 am
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Default Re: GOA - Buyer Beware!

Originally Posted by Douglas M
Hi Noni,

This isnt the sequel to hitlers new bike is it?

kind regards
douglas
No the real thing.
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Old May 19th 2008, 7:46 am
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Default Re: GOA - Buyer Beware!

Originally Posted by More
Hi Andy,

I think Remy has given you chapter and verse.

I did not word my post very well. What I meant was:

To buy a property you have to be a resident and by having employment outside of India excludes a person from having residency.

When we were buying, this was one of the things we were told by our advocate. I know Remy thinks I am confused but the word employment would normally mean salary. But I am sure someone will put me right if this is not correct.

More
With our D of E investigation we were told by our Advocate we HAD TO BE RETIRED!!! It was news to us all. O>K> we qualified others did not.
We also had to prove how we could finance ourselves.

Wait for it now, chapter and verse. pass over the 'noffi
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Old May 19th 2008, 2:04 pm
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Default Re: GOA - Buyer Beware!

Hi guys
Eddie Fernandes from the Goanvoice would like FNs to contact him about their property problems [email protected] everything will be strictly confidential and the BBC radio is also going to do a segment on their show on friday 23rd eddie would like to hear from people willing to participate on that show indentities concealed.
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Old May 19th 2008, 2:40 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by Martin Green
Douglas

The youtube vid is hysterical, it's a good job it was not a Duccati.

Best

Marty


Hi Marty,

Kawasaki man myself, hitler didnt recon those much either.

I think you have to be a biker to fully appreciate it.

kind regards

douglas
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Old May 19th 2008, 3:25 pm
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Default Re: GOA - Buyer Beware!

well we sure know where your priorities lie, dont we douglas!!!!
I'm an OMni girl myself lets start a new thread shall we, failing that stick to the thread in hand!!!!
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Old May 19th 2008, 3:30 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by noni
With our D of E investigation we were told by our Advocate we HAD TO BE RETIRED!!! It was news to us all. O>K> we qualified others did not.
We also had to prove how we could finance ourselves.

Wait for it now, chapter and verse. pass over the 'noffi
Hi Noni,

Two main points here ,the concerned bodies are RBI (FEMA) and home dept (immigration). They can sometimes have conflicting requirements.

I wont do the techy bit as i have done it before, but the first point to grasp is that once resident under FEMA you are effectively indian as far as your personal finances are concerned.

As india has restrictions on the movement of money and people in and out of india, indian residents (FN or otherwise) cannot have jobs, investments etc outside india (or need express permission from RBI to do so). If they do these things, they are clearly not resident in india.

Once you understand their laws (FEMA in this case) and adopt the indian perspective, you can see how pissed off the authorities are when non resident FNs ( in some cases encouraged by indian developers and lawyers) establish enclaves of holiday homes in india.

The FRRO (gofors for Immigration (goa home dept) on the other hand in 2006 wrote to douglas (who was retired and only had one home in goa) and informed him that FNs should spend their retirement in their home country!

Clearly a change of policy on the part of immigration, as HCI london(immigration) earlier gave me an X visa to long stay in india knowing that i was retired!

I hope this explanation helps dispel some of the confusion.

kind regards

douglas
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Old May 19th 2008, 4:12 pm
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Default Re: GOA - Buyer Beware!

sorry folks forgot to mention the name of the programme BBC radio 4 You and Yours broadcasting on friday 23rd at 12.04 GMT so if you want your say contact them or eddie..


The DOE informed us at the interview we could work in india having a 5year X visa ????
and at no point during this interview did he mention us having property in Goa, he just wanted to know how we got our money into the country!!!!!
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Old May 19th 2008, 4:13 pm
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Default Re: GOA - Buyer Beware!

Originally Posted by poppetjay
well we sure know where your priorities lie, dont we douglas!!!!
I'm an OMni girl myself lets start a new thread shall we, failing that stick to the thread in hand!!!!

Sorry Miss!

Its the vibration, the curves, the exhaust, the leather, i just cant control myself!

douglas
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Old May 20th 2008, 4:48 am
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Default Re: GOA - Buyer Beware!

Originally Posted by poppetjay
Hi guys
Eddie Fernandes from the Goanvoice would like FNs to contact him about their property problems [email protected] everything will be strictly confidential and the BBC radio is also going to do a segment on their show on friday 23rd eddie would like to hear from people willing to participate on that show indentities concealed.
Foreigners and Property Problems in Goa – Forthcoming Radio Programme

Fri 23 May. 12:00 – 13:00 BBC Radio 4 (also online) “You and Yours”, the consumer affairs programme is to devote a 7-9 minutes segment to the threatened confiscation of Goa Property owned by Foreign Nationals. They would like to speak to some people affected by the threat and will ensure privacy if required. Please send in your contact details and a brief (max 200 words) summary of your position to [email protected] by Wed. 21 May.

You can check out some of the recent broadcasts at the programme website by going to http://www.bbc.co.uk/radio4/youandyours/
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