bbc radio 4/goa property market
Dec 18th 2008, 12:49 pm
#121
Joined: May 2007
Location: Noni the Indian Goan Beach Mulberry
Posts: 8,227
Re: bbc radio 4/goa property market
I wish i could just walk away but unfortunately all my saving are tied up in my property and i have no where else to go, my friends have just received a show cause notice ( they went to the D of E 2 years ago for an interview and were told everything was ok) now they have 30 days to prove they are residents!!!! they have been to their advocate who told them to go to Mumbai, so they phoned the D of E and said they were coming, he told them not to bother and he gave them a number of a good advocate Vickram Verma so whos working for whom now??? someone please tell me, his retainer is 25.000 before he will even start the ball rolling for you,
My friends are shitting themselves as we all are, they have done everything according to the rules 8 years ago have 5 year visa, residents permit but still they are being threatened with confistcation, or a fine 3 times the value of the property.
please someone enlighten me how can you prove you are resident and have intention to stay because you cannot say you are retired you cannot say you are on holiday!!!!!! and VV is stating now that a 5 year X visa is a tourists visa. they have changed the rules again.
My friends are shitting themselves as we all are, they have done everything according to the rules 8 years ago have 5 year visa, residents permit but still they are being threatened with confistcation, or a fine 3 times the value of the property.
please someone enlighten me how can you prove you are resident and have intention to stay because you cannot say you are retired you cannot say you are on holiday!!!!!! and VV is stating now that a 5 year X visa is a tourists visa. they have changed the rules again.
Hi Poppetjay,
This is awful news, please put in on Buyer Beware, incase people miss it.
Thanks
Dec 18th 2008, 12:55 pm
#122
A little honey
Joined: Feb 2008
Location: In the beehive
Posts: 443
Re: bbc radio 4/goa property market
I wish i could just walk away but unfortunately all my saving are tied up in my property and i have no where else to go, my friends have just received a show cause notice ( they went to the D of E 2 years ago for an interview and were told everything was ok) now they have 30 days to prove they are residents!!!! they have been to their advocate who told them to go to Mumbai, so they phoned the D of E and said they were coming, he told them not to bother and he gave them a number of a good advocate Vickram Verma so whos working for whom now??? someone please tell me, his retainer is 25.000 before he will even start the ball rolling for you,
My friends are shitting themselves as we all are, they have done everything according to the rules 8 years ago have 5 year visa, residents permit but still they are being threatened with confistcation, or a fine 3 times the value of the property.
please someone enlighten me how can you prove you are resident and have intention to stay because you cannot say you are retired you cannot say you are on holiday!!!!!! and VV is stating now that a 5 year X visa is a tourists visa. they have changed the rules again.
My friends are shitting themselves as we all are, they have done everything according to the rules 8 years ago have 5 year visa, residents permit but still they are being threatened with confistcation, or a fine 3 times the value of the property.
please someone enlighten me how can you prove you are resident and have intention to stay because you cannot say you are retired you cannot say you are on holiday!!!!!! and VV is stating now that a 5 year X visa is a tourists visa. they have changed the rules again.
and I bet the value of the property will be largely inflated to get more money in fines. We could not afford to pay 3 times, the value, then would it be ours!!! I think not rules would be changed again.Will your friends have chance of selling and leaving the country.
Another petition correctly worded should be made to our Government.#
Perhaps Andy would do it.
Dec 18th 2008, 2:50 pm
#123
BE Forum Addict
Joined: May 2007
Posts: 2,941
Re: bbc radio 4/goa property market
I wish i could just walk away but unfortunately all my saving are tied up in my property and i have no where else to go, my friends have just received a show cause notice ( they went to the D of E 2 years ago for an interview and were told everything was ok) now they have 30 days to prove they are residents!!!! they have been to their advocate who told them to go to Mumbai, so they phoned the D of E and said they were coming, he told them not to bother and he gave them a number of a good advocate Vickram Verma so whos working for whom now??? someone please tell me, his retainer is 25.000 before he will even start the ball rolling for you,
My friends are shitting themselves as we all are, they have done everything according to the rules 8 years ago have 5 year visa, residents permit but still they are being threatened with confistcation, or a fine 3 times the value of the property.
please someone enlighten me how can you prove you are resident and have intention to stay because you cannot say you are retired you cannot say you are on holiday!!!!!! and VV is stating now that a 5 year X visa is a tourists visa. they have changed the rules again.
My friends are shitting themselves as we all are, they have done everything according to the rules 8 years ago have 5 year visa, residents permit but still they are being threatened with confistcation, or a fine 3 times the value of the property.
please someone enlighten me how can you prove you are resident and have intention to stay because you cannot say you are retired you cannot say you are on holiday!!!!!! and VV is stating now that a 5 year X visa is a tourists visa. they have changed the rules again.
I don't quite follow, who told your friends to go to Mumbai and who told them not to?
I assume that it is the D of E who sent the Show Cause notice? (Show Cause for what?)
Why should they need to change their advocate to Vickram Verma or anyone else? Why isn't their own advocate handling this for them?
afaik a Show Cause notice is exactly that - if "they have done everything according to the rules" then they can Show Cause!
I can understand anyone 'shitting themselves' - we all do it, but their advocate should be telling them not to worry.
AndyD 8-)#
Dec 18th 2008, 2:59 pm
#124
BE Forum Addict
Joined: May 2007
Posts: 2,941
Re: bbc radio 4/goa property market
and I bet the value of the property will be largely inflated to get more money in fines. We could not afford to pay 3 times, the value, then would it be ours!!! I think not rules would be changed again.Will your friends have chance of selling and leaving the country.
Another petition correctly worded should be made to our Government.#
Perhaps Andy would do it.
If it gets to the point where I think a PM petition would help then I'll be happy to draft one, but in the meanwhile we need to wait and see if this is a new phase in the political 'battle' or just a sortie.
If this is a new phase then we first need to contact MP's and other UK authorities - their have been clear indications from the FCO and the House of Lords that HMG will resist any unlawful confiscation. Senior RBI people have assured me and others that confiscation is very unlikely and we should not be panicked into cheap sales.
Cheers (_)? (_)? AndyD 8-)#
Dec 18th 2008, 4:28 pm
#125
A little honey
Joined: Feb 2008
Location: In the beehive
Posts: 443
Re: bbc radio 4/goa property market
Don't panic Messrs Mainwaring!
If it gets to the point where I think a PM petition would help then I'll be happy to draft one, but in the meanwhile we need to wait and see if this is a new phase in the political 'battle' or just a sortie.
If this is a new phase then we first need to contact MP's and other UK authorities - their have been clear indications from the FCO and the House of Lords that HMG will resist any unlawful confiscation. Senior RBI people have assured me and others that confiscation is very unlikely and we should not be panicked into cheap sales.
Cheers (_)? (_)? AndyD 8-)#
If it gets to the point where I think a PM petition would help then I'll be happy to draft one, but in the meanwhile we need to wait and see if this is a new phase in the political 'battle' or just a sortie.
If this is a new phase then we first need to contact MP's and other UK authorities - their have been clear indications from the FCO and the House of Lords that HMG will resist any unlawful confiscation. Senior RBI people have assured me and others that confiscation is very unlikely and we should not be panicked into cheap sales.
Cheers (_)? (_)? AndyD 8-)#
taken a vallium and very large Honey Bee. Our Advocate is the same as yours BUT do they known what their political leaders mean? 
It seems to me that none of them know what their leaders are thinking, come to think of it, I don't think they know themselves. Terrorist attack imminent and the chief minister is riding up and down the beaches in the lifeguard jeep, not looking for terrorists, counting :curse::curse: sunbeds. Have seen it all now. Will leave you to lead the troups into battle when the call comes.
Dec 19th 2008, 1:33 am
#126
BE Enthusiast
Joined: Jun 2005
Location: Irvine, North Ayrshire Scotland
Posts: 725
Re: bbc radio 4/goa property market
They have been told to reply to the "show cause notice " within 30 days, They have done everything by the book, they sold one house a few years ago and the brought another one, before all this rubbish started. they have to "prove their resident here"
They had an interview in Mumbai 2 years ago and were told everythings fine!!!!! by Mr Kumar Singh, there advocate dosent know what to do i feel and VV wants shit loads of money to even start.
Start what they have all the papers, deeds are in their name, RBI etc etc.
VV and the Dof E say you "cannot" retire here !!!!!
so what to do, PJ
They had an interview in Mumbai 2 years ago and were told everythings fine!!!!! by Mr Kumar Singh, there advocate dosent know what to do i feel and VV wants shit loads of money to even start.
Start what they have all the papers, deeds are in their name, RBI etc etc.
VV and the Dof E say you "cannot" retire here !!!!!
so what to do, PJ
Dec 19th 2008, 7:51 am
#127
BE Forum Addict
Joined: May 2007
Posts: 2,941
Re: bbc radio 4/goa property market
...VV and the Dof E say you "cannot" retire here !!!!!
so what to do, PJ
so what to do, PJ
i) as various people inc. HCI London have pointed out there is no such thing as a retirement or settlement visa so FN's can't "retire to India".
ii) if you come to India with the intention to stay for an uncertain period and stay for >182 days in a tax year and do not go out of India to take up business or employment or with the intention to stay out of India for an uncertain period (imho you need to be retired or footloose and of independant means to qualify); then in the following tax year you are as a matter of law and fact "Resident in India" as per FEMA.
A person Resident in India may buy immovable property in India (as per FEMA). [It is interesting to note that this is the only provision in FEMA for Indian Citizens to buy immovable property and there is therefore no restriction on the type of property a 'Resident' may own]
Whether or not you have immovable property here, and whether or not you are 'retired', as long as you comply with your visa requirements you may spend some of all the year in India. If you spend more than 180 days here in one go you will need to register with the FRO and will be issued with a 'Residency Permit'; if you then want to go abroad for a period (e.g. holiday or visiting relatives) then you will need an exit / re-entry permit from the FRO. When you 'finally' leave India, or your visa + any extensions expires then you are supposed to surrender the RP at the airport.
Recognising this, it has for many years been the practice of the HCI / Indian Consulates in the UK, at their discretion, to issue 'X' visas to people who can show an Agreement of Sale or Sale Deeds. These visas are usually valid for between 1 and 5 years and are not restricted to 180 days, and in the past have been considered extendable.
The visa situation is confused further by the fact that although there are supposed to be different types of visa (Tourist, Employment, Business, Student, 'X', etc.) all UK visas seem to use the same stamp which says "Tourist Visa Non-Extendable" in v. fine print. Logic says that if the visa Type is not 'Tourist' then this overides the fine print, but this is not specified.
AndyD 8-)#
P.S. this started as a Quick Reply but has turned into a dissertation (sorry)!
Perhaps one of the moderators would have a look and see if it merits becoming a Sticky?
Last edited by a_f_d; Dec 19th 2008 at 7:59 am. Reason: more tedious stuff!
Dec 19th 2008, 10:30 am
#128
A little honey
Joined: Feb 2008
Location: In the beehive
Posts: 443
Re: bbc radio 4/goa property market
Doh! looks like everyone's right again, but just aren't understanding each other.
i) as various people inc. HCI London have pointed out there is no such thing as a retirement or settlement visa so FN's can't "retire to India".
ii) if you come to India with the intention to stay for an uncertain period and stay for >182 days in a tax year and do not go out of India to take up business or employment or with the intention to stay out of India for an uncertain period (imho you need to be retired or footloose and of independant means to qualify); then in the following tax year you are as a matter of law and fact "Resident in India" as per FEMA.
A person Resident in India may buy immovable property in India (as per FEMA). [It is interesting to note that this is the only provision in FEMA for Indian Citizens to buy immovable property and there is therefore no restriction on the type of property a 'Resident' may own]
Whether or not you have immovable property here, and whether or not you are 'retired', as long as you comply with your visa requirements you may spend some of all the year in India. If you spend more than 180 days here in one go you will need to register with the FRO and will be issued with a 'Residency Permit'; if you then want to go abroad for a period (e.g. holiday or visiting relatives) then you will need an exit / re-entry permit from the FRO. When you 'finally' leave India, or your visa + any extensions expires then you are supposed to surrender the RP at the airport.
Recognising this, it has for many years been the practice of the HCI / Indian Consulates in the UK, at their discretion, to issue 'X' visas to people who can show an Agreement of Sale or Sale Deeds. These visas are usually valid for between 1 and 5 years and are not restricted to 180 days, and in the past have been considered extendable.
The visa situation is confused further by the fact that although there are supposed to be different types of visa (Tourist, Employment, Business, Student, 'X', etc.) all UK visas seem to use the same stamp which says "Tourist Visa Non-Extendable" in v. fine print. Logic says that if the visa Type is not 'Tourist' then this overides the fine print, but this is not specified.
AndyD 8-)#
P.S. this started as a Quick Reply but has turned into a dissertation (sorry)!
Perhaps one of the moderators would have a look and see if it merits becoming a Sticky?
i) as various people inc. HCI London have pointed out there is no such thing as a retirement or settlement visa so FN's can't "retire to India".
ii) if you come to India with the intention to stay for an uncertain period and stay for >182 days in a tax year and do not go out of India to take up business or employment or with the intention to stay out of India for an uncertain period (imho you need to be retired or footloose and of independant means to qualify); then in the following tax year you are as a matter of law and fact "Resident in India" as per FEMA.
A person Resident in India may buy immovable property in India (as per FEMA). [It is interesting to note that this is the only provision in FEMA for Indian Citizens to buy immovable property and there is therefore no restriction on the type of property a 'Resident' may own]
Whether or not you have immovable property here, and whether or not you are 'retired', as long as you comply with your visa requirements you may spend some of all the year in India. If you spend more than 180 days here in one go you will need to register with the FRO and will be issued with a 'Residency Permit'; if you then want to go abroad for a period (e.g. holiday or visiting relatives) then you will need an exit / re-entry permit from the FRO. When you 'finally' leave India, or your visa + any extensions expires then you are supposed to surrender the RP at the airport.
Recognising this, it has for many years been the practice of the HCI / Indian Consulates in the UK, at their discretion, to issue 'X' visas to people who can show an Agreement of Sale or Sale Deeds. These visas are usually valid for between 1 and 5 years and are not restricted to 180 days, and in the past have been considered extendable.
The visa situation is confused further by the fact that although there are supposed to be different types of visa (Tourist, Employment, Business, Student, 'X', etc.) all UK visas seem to use the same stamp which says "Tourist Visa Non-Extendable" in v. fine print. Logic says that if the visa Type is not 'Tourist' then this overides the fine print, but this is not specified.
AndyD 8-)#
P.S. this started as a Quick Reply but has turned into a dissertation (sorry)!
Perhaps one of the moderators would have a look and see if it merits becoming a Sticky?
We can all say what we like, again it is up to the goan mafia what happens to us. They can't agree if we are allowed a new years eve party or not.
Dec 19th 2008, 10:41 am
#129
Just Joined
Joined: Oct 2008
Posts: 21
Re: bbc radio 4/goa property market
Doh! looks like everyone's right again, but just aren't understanding each other.
i) as various people inc. HCI London have pointed out there is no such thing as a retirement or settlement visa so FN's can't "retire to India".
ii) if you come to India with the intention to stay for an uncertain period and stay for >182 days in a tax year and do not go out of India to take up business or employment or with the intention to stay out of India for an uncertain period (imho you need to be retired or footloose and of independant means to qualify); then in the following tax year you are as a matter of law and fact "Resident in India" as per FEMA.
A person Resident in India may buy immovable property in India (as per FEMA). [It is interesting to note that this is the only provision in FEMA for Indian Citizens to buy immovable property and there is therefore no restriction on the type of property a 'Resident' may own]
Whether or not you have immovable property here, and whether or not you are 'retired', as long as you comply with your visa requirements you may spend some of all the year in India. If you spend more than 180 days here in one go you will need to register with the FRO and will be issued with a 'Residency Permit'; if you then want to go abroad for a period (e.g. holiday or visiting relatives) then you will need an exit / re-entry permit from the FRO. When you 'finally' leave India, or your visa + any extensions expires then you are supposed to surrender the RP at the airport.
Recognising this, it has for many years been the practice of the HCI / Indian Consulates in the UK, at their discretion, to issue 'X' visas to people who can show an Agreement of Sale or Sale Deeds. These visas are usually valid for between 1 and 5 years and are not restricted to 180 days, and in the past have been considered extendable.
The visa situation is confused further by the fact that although there are supposed to be different types of visa (Tourist, Employment, Business, Student, 'X', etc.) all UK visas seem to use the same stamp which says "Tourist Visa Non-Extendable" in v. fine print. Logic says that if the visa Type is not 'Tourist' then this overides the fine print, but this is not specified.
AndyD 8-)#
P.S. this started as a Quick Reply but has turned into a dissertation (sorry)!
Perhaps one of the moderators would have a look and see if it merits becoming a Sticky?
i) as various people inc. HCI London have pointed out there is no such thing as a retirement or settlement visa so FN's can't "retire to India".
ii) if you come to India with the intention to stay for an uncertain period and stay for >182 days in a tax year and do not go out of India to take up business or employment or with the intention to stay out of India for an uncertain period (imho you need to be retired or footloose and of independant means to qualify); then in the following tax year you are as a matter of law and fact "Resident in India" as per FEMA.
A person Resident in India may buy immovable property in India (as per FEMA). [It is interesting to note that this is the only provision in FEMA for Indian Citizens to buy immovable property and there is therefore no restriction on the type of property a 'Resident' may own]
Whether or not you have immovable property here, and whether or not you are 'retired', as long as you comply with your visa requirements you may spend some of all the year in India. If you spend more than 180 days here in one go you will need to register with the FRO and will be issued with a 'Residency Permit'; if you then want to go abroad for a period (e.g. holiday or visiting relatives) then you will need an exit / re-entry permit from the FRO. When you 'finally' leave India, or your visa + any extensions expires then you are supposed to surrender the RP at the airport.
Recognising this, it has for many years been the practice of the HCI / Indian Consulates in the UK, at their discretion, to issue 'X' visas to people who can show an Agreement of Sale or Sale Deeds. These visas are usually valid for between 1 and 5 years and are not restricted to 180 days, and in the past have been considered extendable.
The visa situation is confused further by the fact that although there are supposed to be different types of visa (Tourist, Employment, Business, Student, 'X', etc.) all UK visas seem to use the same stamp which says "Tourist Visa Non-Extendable" in v. fine print. Logic says that if the visa Type is not 'Tourist' then this overides the fine print, but this is not specified.
AndyD 8-)#
P.S. this started as a Quick Reply but has turned into a dissertation (sorry)!
Perhaps one of the moderators would have a look and see if it merits becoming a Sticky?
Dec 19th 2008, 1:29 pm
#131
BE Enthusiast
Joined: Jun 2005
Location: Irvine, North Ayrshire Scotland
Posts: 725
Re: bbc radio 4/goa property market
Forget all of the above technical jargon, they went to see VV and he has stated that all that 182 days and the rest of it means diddly squat !!!! his words not mine, he is going to look at their papers and maybe take their case on, homes have been confiscated he says already!!!!
Dec 19th 2008, 2:06 pm
#132
Just Joined
Joined: Oct 2008
Posts: 21
Re: bbc radio 4/goa property market
Forget all of the above technical jargon, they went to see VV and he has stated that all that 182 days and the rest of it means diddly squat !!!! his words not mine, he is going to look at their papers and maybe take their case on, homes have been confiscated he says already!!!!
Dec 20th 2008, 2:29 am
#133
BE Enthusiast
Joined: May 2007
Location: Goa/UK
Posts: 589
Re: bbc radio 4/goa property market
if said thanks to andy,is not because i was short of this info,is because ,he is taking his time to inform thick peolpe,who think,there is other way to when buying with or without 182 days,by believing all sorts from what their lawyer says,we had this all way since 1995 ,he just made it clear,for everyone,in this messy property fiasco,do not touch ,wait and see.i´m lucky one.because i did sell my property under their nose and money out of the country,and i´m happy i did so,now,i would like sincerely to challenge this lawyer who says,they already confiscated proprties,as far i know,i know many british residents or tweekers(i don´t like this word),who still have their properties.anyway, it´s time to move on.wishing all good luck,merry chritsmas,and happy new year.
Can anybody remember the Minister and the guy in the House of Lords who was interested in our case, perhaps Poppetjay and friend can contact him.
Dec 20th 2008, 6:01 am
#134
Forum Regular
Joined: Oct 2006
Posts: 80
Re: bbc radio 4/goa property market
His name is The Viscount Waverley and you can contact him on:
[email protected]
He has responded and said: duly noted!
Hope that helps.
[email protected]
He has responded and said: duly noted!
Hope that helps.
Dec 20th 2008, 6:14 am
#135
BE Forum Addict
Joined: May 2007
Posts: 2,941
Re: bbc radio 4/goa property market
As we bought on five year visa (one we could have stayed for five years without leaving the country) does this still count as a tourist visa.
Can anybody remember the Minister and the guy in the House of Lords who was interested in our case, perhaps Poppetjay and friend can contact him.
Can anybody remember the Minister and the guy in the House of Lords who was interested in our case, perhaps Poppetjay and friend can contact him.
House of Lords
hth AndyD 8-)#