Re: [Goanet] Treatment of British families in Goa

2009-06-29 Thread georgejpinto

--- On Sun, 6/28/09, Eddie Fernandes ed...@fernandes.u-net.com wrote:

 Now, suppose you tell us your views on 
 2. The retrospective action of the Goa Government in
 suspending property transactions of foreigners and threatening to 
 confiscate them.

I would be outraged that a previously legal transaction could be subsequently 
reversed. HOWEVER, and this is key, how many of the foreign nationals 
transactions were legal to begin with? Since Eddie has raised this issue, can 
he advise? How many did not involve bribes? How many, did not fake residency 
requirements? How many complied with with foreign currency regulations? How 
many complied with Indian tax laws?

Is Eddie defending illegal transactions?

George 



Re: [Goanet] Treatment of British Families in Goa

2009-06-29 Thread Romeo Ferns

Hi Karen Young,
It is unfortunate that the govt is trying to confiscate the property you 
legitimately purchased. If you have registered the properety and you possess 
all the relevant documents, , then you all should band yourselves
together and seek legal counsel without delay, What has been done has been 
done. Dont give up the fight to protect your savings and yr property.
Enjoy a peaceful lifestyle in Goa.
 Best wishes
Godfrey Rasquinha- UAE


Subject: Re: [Goanet] Treatme gal counselk le together and seeyourselvesnt of 
British Families in Goaelves

Hi I am one of the British who bought property in Goa after visiting for 
years,please sign our petition to the British Government and help us.If we 
loose our home in Goa we loose all our savings and pension fund.

Thank you 

From all the British who have bought

Karen





Cornel DaCosta: Goa Land Purchases by Foreigners

25 Jun: From GoaNet Highlights by Cornel DaCosta.  Readers will be familiar 
with the difficulties faced by British families who have, in good faith and 
following proper procedures, legitimately bought homes in Goa. They currently 
seem to be hounded out of such properties by methods I consider devious and 
unethical. While many of us live comfortably in homes we purchased in the UK, 
the plight of many Brits in Goa is very sad and uncertain. Consequently, they 
have now petitioned PM Brown to resolve the impasse in which properties 
purchased by foreign nationals were not being registered.  To read about this 
click here.  
http://timesofindia.indiatimes.com/Goa/Goan-properties-UK-citizens-petition-Brown/articleshow/4689436.cms

There is an element of urgency to this petition as it will help all British 
citizens, of Goan origin or not who may find themselves in an identical 
situation regarding purchased properties in Goa. To stand up and be counted, 
go, before 17th July 2009, to  http://petitions.number10.gov.uk/goahomes





[Goanet] Treatment of British families in Goa.

2009-06-29 Thread jane gillian rodrigues
iggy.fernan...@hotmail.co.uk
Treatment of British families in Goa.

Dear Goankars,

For my own personal information, could someone on Goanet, please let me know:-

(1) What legal documents, are required for  foreigners to buy property in Goa?

(2)In which state of India, or, country around the world, can foreigners, 
especially these British families be allowed to buy properties?

(3) Why do the Brits want to buy property in Goa, while Goans throughout the 
world are not interested??

Regards


From: ignatius fernandes 
Subject: [Goanet] Treatment of British families in Goa.
For the first time I agree with F.N. (Fredrick Noronha)
that nobody cares about the indigenous Goans who 
cannot afford to buy their own homes in Goa.
Regards
Ignatius Fernandes.




Re: [Goanet] Treatment of British families in Goa

2009-06-29 Thread Eddie Fernandes

Folks,

Today the Economic Times of India carries a highly relevant update on the
question of foreign owned property in Goa.  The paper reports that the Goa
Government has been denied the power to declare legitimate past purchases
illegal and are proposing to take a different route!   To my knowledge, the
Goa newspapers have not reported this and while I cannot vouch for the
accuracy of the report, I assume that it is true.

Headline: Goa seeks special powers to control land sale to foreigners
29 June 2009. Economic Times (India).  

Excerpts: The Goa government has asked for special powers to regulate land
sale to foreigners after it failed to get the President's nod for the Bill
which empowered subregistrars to refuse registration of land sold to
foreigners. This comes in the wake of a campaign launched by over 200 UK
citizens demanding right to buy land in Goa.  335 words. For full text see
http://goanvoiceuk.wordpress.com/2009/06/29/goa-seeks-special-powers-to-cont
rol-land-sale-to-foreigners-economic-times-29-jun-2009-page-4/


[The petition does not demand the right to buy land in Goa but to remove the
threat of confiscation of property bought legally.  To view the petition and
to sign it, click here. http://petitions.number10.gov.uk/goahomes/]

If the links do not work, go to the Goan Voice site

For almost two years the Government has not permitted registration by and
sale of property where a foreigner (i.e. white) is involved.  This has
been a blanket ban and it is believed that it was going to apply
retrospective action on law it was hoping to get approved.


Eddie Fernandes




[Goanet] Treatment of British Families in Goa

2009-06-29 Thread Cajetan Alvares
Hi Romeo Ferns,
Easily said than done.
When the East Africans/ Kenyans in particular applied to come to India.
India refused them entry saying that you have a British Passport - Go to
Britain.
Alternatively, give up your BP.
Feeling sorry for the British now is not fair, just because they are white.
Caj.

Hi Karen Young,It is unfortunate that the govt is trying to confiscate the
property you legitimately purchased. If you have registered the properety
and you possess all the relevant documents, , then you all should band
yourselvestogether and seek legal counsel without delay, What has been done
has been done. Dont give up the fight to protect your savings and yr
property.Enjoy a peaceful lifestyle in Goa.


[Goanet] Treatment of British families in Goa

2009-06-29 Thread Mervyn Elsie Maciel
Pardon me if my thinking on this issue is a bit 'clouded';I had all along
assumed that the discussion was not so much about  foreigners
pushing up the price of property(or fish for that matter!), to the detriment
of the
indigenous Goans, but rather, the sad plight of those British expatriates
who, having gone through reputed
lawyers and Estate Agents, and bought their properties legally(after all one
expects local lawyers/Estate Agents to be au fait
with the laws obtaining in their own country?)- now find themselves in the
unfortunate situation of losing these
properties and their life savings solely because a law is now being applied
retrospectively to Goa.

By all means, restrict the sale of property to foreigners and perhaps,
speculative land sharks too, but
 where property has been legally acquired, I cannot see the justification in
wanting to take it back.
No one is condoning illegal deals, but surely if lawyers, Estate Agents
and Banks were all involved in
the initial advice-giving and subsequent transactions, then I feel it is
they who should now face the music.



Mervyn Maciel

--


[Goanet] Treatment of British families in Goa/need based buying

2009-06-29 Thread marlon menezes

Fred,

What exactly is need based buying? Who determines who needs and who does not 
need? Furthermore, are you really sure you are really reflecting the views of 
the local side? What about the locals who wants to sell their property at the 
highest price possible? Why do you wish to restrict their rights to get the 
best deal possible?

Instead of promoting rather arbitrary laws that seek to restrict individual 
freedoms, the better approach would be to push for a system that provides 
greater clarity and transparency to all the parties. Everyone who has bought or 
sold property in Goa (perhaps this applies to India in general) knows that 
there are two books - official and under the table. Accurate official 
statistical information on parameters like prices is an oxymoron and ownership 
rights are byzantine. Conversely, there is much data from around the world (as 
well as within India) to suggest that your rent and price control schemes do 
not work, for they only serve to choke long term supply in the affected market.

Marlon




--- On Sun, 6/28/09, Frederick [FN] Noronha * फ्रेडरिक न 
fredericknoro...@gmail.com wrote:

 
 You guys talk about local thinking. But what about expat
 thinking?
 
 Isn't it strange that nobody sheds a single tear for the
 many Goans-in-Goa
 who can't afford to buy a home after working hard their
 full life here? And
 the expat/foreigner/non-resident buying of homes is only
 pushing up
 speculation (not need-based buying) in the unreal real
 estate sector.
 
 It all says something about our attitudes, values, and
 which side we choose
 to take! FN


Re: [Goanet] Treatment of British families in Goa

2009-06-28 Thread Gabriel de Figueiredo

I bought a house in London without ever having been a British citizen - not 
once, but twice.  I did the same in Australia.  

BTW, were the British passport holders you talk about, British citizens or 
British Protected citizens ? - not that it makes a difference to the argument.

- Original Message 
From: Cajetan Alvares cajul...@googlemail.com
To: goa...@goanet.org
Sent: Saturday, 27 June, 2009 6:34:52 AM
Subject: [Goanet] Treatment of British families in Goa

J. Colaco said:
I have been reading these posts about these innocents and how, onthe other
hand, East African Goans were able to buy houses etc in theUK.
-
Well, Hi All,
East African Goans have British Passports. Their Grandfathers had BP.
If the British can give up their British Passport and take Indian
citizenship, they too can buy land in Goa, or any where else in India.
Caitan.



  

Access Yahoo!7 Mail on your mobile. Anytime. Anywhere.
Show me how: http://au.mobile.yahoo.com/mail


Re: [Goanet] Treatment of British families in Goa

2009-06-28 Thread Frederick [FN] Noronha * फ्रेडरिक न ोरोन्या
2009/6/28 Eddie Fernandes ed...@fernandes.u-net.com


 and registered the Government should not act retrospectively.  Gabe Menezes
 has provided the Cidade de Goa instance as an example of local thinking.


You guys talk about local thinking. But what about expat thinking?

Isn't it strange that nobody sheds a single tear for the many Goans-in-Goa
who can't afford to buy a home after working hard their full life here? And
the expat/foreigner/non-resident buying of homes is only pushing up
speculation (not need-based buying) in the unreal real estate sector.

It all says something about our attitudes, values, and which side we choose
to take! FN


Re: [Goanet] Treatment of British families in Goa

2009-06-28 Thread J. Colaco jc
I believe that both Eddie and Frederick are making very valid points -
which do not have to be mutually exclusive.

Eddie's first point is an universally accepted (in democratic
countries) that a Law should not penalise a person for an act done (in
good faith) before the law (which now places sanctions against it)
came into effect.

Eddie's second point is not necessarily in tandem with the first - as
'grandfathering' is different from 'penalising'.

FN's point is also one which is discussed and dissected all over the
world where the local (tax paying and working the soil)  population
are disadvantaged by the greed of the speculators and investors. These
alleged 'investments'  do not necessarily benefit the locals
commensurate to the amount the locals are expected to pay in terms of
the increase in the cost of living and cost of owning a simple home.

FN makes a very good needs-based-buying point.

I personally believe that Goans need to look again at those tourist
facilities which inordinately push the cost of staple food (eg Fish)
out of the reach of the 'sons of the soil' who toil on the soil, and
also this speculative Second or Third Homes stuff which are built by
destroying the Goan greenery and environment.

I was appalled when I last saw the concrete poured in an ugly format -
all over Calangute to Baga, Betim and Verem, Bambolim and Navelim. (I
am sure there are other areas of wanton destruction).

Some countries have 'equalised' the economic balance by increasing the
taxation on non-resident or non-primary homes. They have also
increased the taxes payable on homes owned by non-nationals.

They have then ploughed back these taxes into the local economy and
infrastructure eg roads, hospitals, schools etc..

Taxes on non-resident owned or non-primary-residence property can
legally be increased at any time - as long as the taxes are not
retrospective. The non-primary residence-tax will affect ALL
speculators including Goans.

Wonder how many politicians will go along with this measure.

Unless the voters demand it and the journos keep them adequately
and repeatedly informed of their rights.

But then !


jc





[1] Eddie Fernandes wrote that:  the Government should not act
retrospectively.

[2] Eddie also noted that:Gabe Menezes  has provided the Cidade de Goa
instance as an example of local thinking.

[3] Frederick [FN] Noronha wrote: the expat/foreigner/non-resident
buying of homes is only pushing up speculation (not need-based buying)
in the unreal real estate sector.


[Goanet] Treatment of British families in Goa.

2009-06-28 Thread ignatius fernandes

For the first time I agree with F.N. (Fredrick Noronha)
that nobody cares about the indigenous Goans who 
cannot afford to buy their own homes in Goa.
After working hard all their life in Goa.
It is the Brits and Bharatis who come down from 
Mumbai and Delhi and buy all these ancestral 
homes and pay over the odds which the native 
Goans cannot match.
In fairness I would rather have a Brit as my neighbour 
in Goa rather than a Bharati for I know a Brit would 
keep the place clean and tidy.
Regards
Ignatius Fernandes.

_
Get the best of MSN on your mobile
http://clk.atdmt.com/UKM/go/147991039/direct/01/

Re: [Goanet] Treatment of British families in Goa

2009-06-28 Thread Eddie Fernandes
Dear Frederick,

You write: But what about expat thinking?

I had written (deleted by you):
I accept the need for any country to restrict the sale of 
property to foreigners...

I could go further - we have a part of the UK where UK nationals from other
parts of the country are not allowed to buy for the same reasons you
provide. See for example:
http://www.countrylife.co.uk/property/guidesbuy/article/68122/Property-Guide
-Jersey.html

I also believe that property prices were very low in Goa ten or even five
years ago and what we have also witnessed is the bringing into line with
other parts of India - particularly when you consider that the per capita
income in Goa in the highest in India. 

Now, suppose you tell us your views on 
1. The retrospective action of the Goa Govt. in legalising the Cidade de Goa
encroachment
2. The retrospective action of the Goa Government in suspending property
transactions of foreigners and threatening to confiscate them.
3. The percentage of Goa property sales in recent years by a) residents of
other Indian states b) NRIs, PIOs and OCIs. c) Foreign Nationals.
4. Do you believe in taking sides based on self-interest and greed or on
justice and fair play?

I must confess that I find Dr Colaco's emotive arguments about the price of
fish difficult to stomach!  Is he aware that:
1. Over 90% of the catch off the coast of Goa is exported and it is this
demand that is fuelling prices.
2. If foreign tourists were responsible of the high price of fish in Goa a)
the price would be very much lower in areas neighbouring Goa with supplies
pouring in from there to take into account higher prices available in Goa.
b) the price would drop in the low tourist season.


Eddie Fernandes
==

-Original Message-
From: Frederick [FN] Noronha 

You guys talk about local thinking. But what about expat thinking?

Isn't it strange that nobody sheds a single tear for the many Goans-in-Goa
who can't afford to buy a home after working hard their full life here? And
the expat/foreigner/non-resident buying of homes is only pushing up
speculation (not need-based buying) in the unreal real estate sector.

It all says something about our attitudes, values, and which side we choose
to take! FN



[Goanet] Treatment of British families in Goa..........

2009-06-27 Thread Vivian A. DSouza
Not just British families, but ANYONE who wants to buy property in Goa has to 
go through excruciating bureaucratic processes to complete a fairly simple 
transaction.  The process if everything is in order, can take over one year !  
I dont want to take the bandwidth to describe the lengthy process, frustration 
and
obvious inducement to give a bribe that I endured to get a fairly 
straightforward
transaction taken care of.  If anyone is interested, I would be happy to 
describe the months long process that I endured.  The established 
processes create the ideal climate for unscrupulous middlemen to hoodwink the 
innocent property buyers, cut corners, give bribes etc. to get a transaction 
done and despite all this the end result may not meet the test of law.  The 
whole process is so mind boggling that I could write a book about it.  I still 
feel that many if not all foreigners do not perpetrate these spurious real 
estate transactions but are taken advantage of and are the victims.  So before 
we throw rocks at foreigners in all fairness, lets examine both sides of the 
issue. 





Re: [Goanet] Treatment of British Families in Goa

2009-06-27 Thread Romeo Ferns

I agree with Mervyn on his comments regarding property purchased  by British 
Families in Goa. These purchases were made in good faith by these British 
families and were sold by goans in good faith without breaking any laws at the 
time of sale. How can the Indian govt suddenly wake up and apply their newly 
promulgated laws retrospectively. This is unthinkable and illegal. It is very 
unfair that the Indian govt would implement such laws. What has been done has 
been done and should be left alone. These new laws can be applied only to new 
sales, if any.
Godfrey Rasquinha - UAE



- Original Message 
From: Mervyn  Elsie Maciel mervynels.watuwasha...@googlemail.com
To: goanet@lists.goanet.org
Sent: Saturday, June 27, 2009 12:28:43 AM
Subject: [Goanet] Treatment of British Families in Goa

I agree wholeheartedly with Tony de Sa's comments.Where property has been
acquired illegally, by all means, let the culprits -
be they  politicians, lawyers or whoever, face the rigors of the law.
  Some Brits may well have been gullible and trusted their host advisers.
If, however, they have gone through reputable and registered lawyers and
Estate Agents, then I feel the onus of responsibility should lie on the
shoulders of the latter.
  I do not in any way wish to appear to be siding with the Brits, but I
think there is such a thing as trust and fair play.


Mervyn Maciel
--






Re: [Goanet] Treatment of British Families in Goa

2009-06-27 Thread J. Colaco jc
Mervyn Maciel wrote:

[1] If, however, they have gone through reputable and registered
lawyers and Estate Agents, then I feel the onus of responsibility
should lie on the shoulders of the latter.

[2]  I do not in any way wish to appear to be siding with the Brits,
but I think there is such a thing as trust and fair play.


Dear Mervyn,

I agree with you.

The responsibility lies on the shoulders of the real estate agents and lawyers.

If the government has NOT been a party to these 'land' acquisitions
and transfers, I do not see how they can get involved, per se.

If the lawyers and/or real estate agents have been negligent - the
only remedy is legal action (civil). Governments do not commence civil
actions in matters to which they are not the aggrieved party.

If however, criminal negligence is proven, or criminality is being
alleged - a complaint should be made to the police. I trust that the
complainant has the necessary documentation (and clean hands) when he
comes forward with a complaint.

This 'stuff' is one of the reasons why in the UK, the new Land
registration act ( I believe it was in 2002) was introducedand yet
(at my last reading), the majority of the land in Britain was not
registered.

Hope this helps. While this is a 'issue of equity, fairplay and trust
(as is meant colloquially), It is also a matter of legal possession of
land, any  lean or Trust ( as is known in legal context) involved and
the basic requirement that anyone who parts with money of this
magnitude - does due diligence.

In any event, anybody coming to look for equity must have clean hands.

Many lawyers are crooked because they know that the 'wheels of
justice' are slow - esp with crooked lawyers slowing them down and
fleecing the innocents with threats and the like.

jc


Re: [Goanet] Treatment of British families in Goa

2009-06-27 Thread Gabe Menezes
2009/6/27 J. Colaco  jc cola...@gmail.com



 Eddie Fernandes  asked two questions: The answers are as follows. A
 private member's bill if voted upon and passed by Parliament - becomes
 law, and Laws in democratic countries are not retroactive.

 BTW: never mind the spiel in the bill What is important is WHAT
 the law actually states.

 jc


 RESPONSE: Talk about not being retro - what about the legislation passed to
accommodate Cidade de Goa, to legalise a blatant breaking of the law?

Seems to me and this holds true, Indians can and do things beyond
comprehension.
-- 
DEV BOREM KORUM.

Gabe Menezes.
London.


Re: [Goanet] Treatment of British families in Goa

2009-06-27 Thread J. Colaco jc
Dear Gabe,

Without commenting on whether the Cidade de Goa accommodation was
just or not, 'grand-fathering' is an instrument which is used by many
countries to 'regularise' something irregular done in the past. Even
in UK law, one is likely to find evidence of that.

That, I submit, is different from penalising somebody on the basis of
newly enacted (effective say Jan 1, 2009) laws  - for doing something
in 2008 or earlier; something which was not illegal (or unjust) in
2008 and earlier!

The last such injustice was done by the MGP when it enacted a law
which transferred (a la Zimbabwe) land to the one who worked on it.
(Adequate provisions were made to exempt the Mines from this Act).

Hello!

Concerned Goans and journos (OK, omit the journos) must get ALL the
facts of the cases, and provided nothing illegal has been done by the
purchaser (knowingly or otherwise) -lobby the government.

jc

[1] JC wrote:

Eddie Fernandes  asked two questions: The answers are as follows. A
private member's bill if voted upon and passed by Parliament - becomes
 law, and Laws in democratic countries are not retroactive.

[2] Gabe Menezes wrote:

Talk about not being retro - what about the legislation passed to
accommodate Cidade de Goa, to legalise a blatant breaking of the law?
Seems to me and this holds true, Indians can and do things beyond
comprehension.


Re: [Goanet] Treatment of British families in Goa

2009-06-27 Thread Eddie Fernandes
Hi George,

Thank you for your interest in the issue.   The reference to the Times of
India article was provided because it  is recent and provides some of  Mr
Shantaram Naik's views.  Do you agree with them?

The question of retrospective legislation and interpretation  is covered in
the links to the two BBC items I have provided.  Have you read them?

I found the link to the recording of another BBC  radio programme (17 mins)
of 23 May 2008.  Go to
http://www.bbc.co.uk/radio4/youandyours/items/01/2008_21_fri.shtml

In March 2008 the Goa Assembly passed an amendment to the Registration of
Property Act to deny property transfer rights to foreigners.  The amendment
requires Presidential consent which has not been forthcoming hence Mr Naik's
private member's bill and in the meantime the Goa Government continues to
deny foreigners transfer rights and threatens property confiscation.

I accept the need for any country to restrict the sale of property to
foreigners but my basic contention is that when sale deeds have been issued
and registered the Government should not act retrospectively.  Gabe Menezes
has provided the Cidade de Goa instance as an example of local thinking. 

Best wishes

Eddie Fernandes

==
-Original Message-
From: goanet-boun...@lists.goanet.org
[mailto:goanet-boun...@lists.goanet.org] On Behalf Of georgejpi...@yahoo.com
Sent: 26 June 2009 22:42
To: estb. 1994!Goa's premiere mailing list
Subject: Re: [Goanet] Treatment of British families in Goa


Hi Eddie

First you state everyone has missed the point. Then you write The Goa
Government intends to introduce a law to make legitimate past purchases
unlawful!. Can you please point to the Times of India article where that is
stated? I fail to see where it stated LEGITIMATE past deals will be made
unlawful. Can you also point to the where it states the GOA GOVERNMENT
intends to introduce a law

George




[Goanet] Treatment of British families in Goa

2009-06-26 Thread Tony de Sa
In my personal opinion, Goans are not objecting to British families having
second homes in Goa  per se. The real issues involved here are 1) the
illegal purchases of Goan homes 2) the scarcity of Goan land resources 3)
the creation of gated communities.

I will qualify that all purchases are not illegal but those that are should
be treated according to the laws in existence. Those involved in misleading
the British buyers should be brought to book. The whole nexus of Real Estate
agents, lawyers, fixers and Registrars must be exposed and suitable
punishments imposed. Some way has to be worked out so that the innocent are
not losers.

-- 
тσиу

Tony de Sa
Ph: +91 832 2470 148
M: +91 9975162897
E:  tonyd...@gmail.com

The future will be better tomorrow. - Dan Quayle


Re: [Goanet] Treatment of British families in Goa

2009-06-26 Thread floriano

Absolutely true that, Tony.
Well said

floriano
goasuraj


- Original Message - 
From: Tony de Sa tonyde...@gmail.com

To: Goa's Premiere Mailing List, Estd 1994 goanet@lists.goanet.org
Sent: Friday, June 26, 2009 10:56 AM
Subject: [Goanet] Treatment of British families in Goa


In my personal opinion, Goans are not objecting to British families having
second homes in Goa  per se. The real issues involved here are 1) the
illegal purchases of Goan homes 2) the scarcity of Goan land resources 3)
the creation of gated communities.

I will qualify that all purchases are not illegal but those that are should
be treated according to the laws in existence. Those involved in misleading
the British buyers should be brought to book. The whole nexus of Real Estate
agents, lawyers, fixers and Registrars must be exposed and suitable
punishments imposed. Some way has to be worked out so that the innocent are
not losers.

--
тσиу




Re: [Goanet] Treatment of British Families in Goa

2009-06-26 Thread KAREN YOUNG
Hi I am one of the British who bought property in Goa after visiting for 
years,please sign our petition to the British Government and help us.If we 
loose our home in Goa we loose all our savings and pension fund.

Thank you 

From all the British who have bought

Karen





Cornel DaCosta: Goa Land Purchases by Foreigners

25 Jun: From GoaNet Highlights by Cornel DaCosta.  Readers will be familiar 
with the difficulties faced by British families who have, in good faith and 
following proper procedures, legitimately bought homes in Goa. They currently 
seem to be hounded out of such properties by methods I consider devious and 
unethical. While many of us live comfortably in homes we purchased in the UK, 
the plight of many Brits in Goa is very sad and uncertain. Consequently, they 
have now petitioned PM Brown to resolve the impasse in which properties 
purchased by foreign nationals were not being registered.  To read about this 
click here.  
http://timesofindia.indiatimes.com/Goa/Goan-properties-UK-citizens-petition-Brown/articleshow/4689436.cms

There is an element of urgency to this petition as it will help all British 
citizens, of Goan origin or not who may find themselves in an identical 
situation regarding purchased properties in Goa. To stand up and be counted, 
go, before 17th July 2009, to  http://petitions.number10.gov.uk/goahomes






Re: [Goanet] Treatment of British families in Goa

2009-06-26 Thread Eddie Fernandes
Folks,

It is heartening that there has been interest shown on GoaNet regarding the
treatment of British families in Goa even though everyone has missed the
point: The Goa Government intends to introduce a law to make legitimate past
purchases unlawful!

MP Shantaram Naik says that he has submitted a notice of a private member's
bill to amend Article 371 of the Constitution to empower the state
legislature to enact a law to regulate the purchase of land by foreigners -
see:
http://timesofindia.indiatimes.com/Goa/Britons-buying-land-in-Goa-should-abi
de-by-law-MP/articleshow/4698993.cms

Does the intention to present a private member's bill have the force of law?
If such a law is successful, can it be applied retrospectively?

The Goa government has threatened hundreds of British families with property
confiscation and fines. These cover a wide spectrum of circumstances and it
is difficult to generalise but my understanding is that in most cases
property deeds had been issued and the Goa Government has registered them
but the Dept. of Enforcement (an Orwellian ring!) has been investigating the
cases for over two years leading to panic among the expats. It is my
contention that once the sale deeds have been granted and registered,
retrospective action is reprehensible.  

The BBC has done a programme entitled Threat to Expat Homes in Goa.  You can
read a synopsis of the programme by going to
http://news.bbc.co.uk/1/hi/business/7507766.stm 
or read the full transcript at
http://www.bbc.co.uk/radio4/facethefacts/transcript_2008_18_goa.shtml

It is my belief that the next in the firing line will be foreign nationals
of Indian origin who own property by purchase or bequest.  Already we have
seen a shift in the definition of a NRI from a person of Indian origin to a
person who is an Indian citizen and resident abroad.

Eddie Fernandes



[Goanet] Treatment of British families in Goa

2009-06-26 Thread Cajetan Alvares
J. Colaco said:
I have been reading these posts about these innocents and how, onthe other
hand, East African Goans were able to buy houses etc in theUK.
-
Well, Hi All,
East African Goans have British Passports. Their Grandfathers had BP.
If the British can give up their British Passport and take Indian
citizenship, they too can buy land in Goa, or any where else in India.
Caitan.


[Goanet] Treatment of British Families in Goa

2009-06-26 Thread Mervyn Elsie Maciel
I agree wholeheartedly with Tony de Sa's comments.Where property has been
acquired illegally, by all means, let the culprits -
be they  politicians, lawyers or whoever, face the rigors of the law.
   Some Brits may well have been gullible and trusted their host advisers.
If, however, they have gone through reputable and registered lawyers and
Estate Agents, then I feel the onus of responsibility should lie on the
shoulders of the latter.
   I do not in any way wish to appear to be siding with the Brits, but I
think there is such a thing as trust and fair play.


Mervyn Maciel
--


Re: [Goanet] Treatment of British families in Goa

2009-06-26 Thread J. Colaco jc
While I agree with Cajetan that the East African Goans who bought
property in the UK were UK nationals (some albeit overseas UK passport
holders)- this, I submit is not an area of equivalence.

The UK citizens have not bought primary residencies in Goa, they have
invested in 'winter' holiday homes.

Unless these individuals are involved in unauthorised business or
doing illegal stuff AND have not helped the concretisation of Goan
green-lands - I think it is rather silly and petty minded to block
such purchases for the future.

It is also grossly unjust to confiscate land legally bought by
others.unless one is living in Comrade country.

Eddie Fernandes  asked two questions: The answers are as follows. A
private member's bill if voted upon and passed by Parliament - becomes
law, and Laws in democratic countries are not retroactive.

BTW: never mind the spiel in the bill What is important is WHAT
the law actually states.

jc


J. Colaco said:
I have been reading these posts about these innocents and how, onthe
other hand, East African Goans were able to buy houses etc in theUK.


2009/6/26 Cajetan Alvares cajul...@googlemail.com:

Well, Hi All,
East African Goans have British Passports. Their Grandfathers had BP.
If the British can give up their British Passport and take Indian
citizenship, they too can buy land in Goa, or any where else in India.


Re: [Goanet] Treatment of British families in Goa

2009-06-26 Thread georgejpinto

Hi Eddie

First you state everyone has missed the point. Then you write The Goa 
Government intends to introduce a law to make legitimate past purchases 
unlawful!. Can you please point to the Times of India article where that is 
stated? I fail to see where it stated LEGITIMATE past deals will be made 
unlawful. Can you also point to the where it states the GOA GOVERNMENT intends 
to introduce a law

George


--- On Fri, 6/26/09, Eddie Fernandes ed...@fernandes.u-net.com wrote:

 Folks,
 
 It is heartening that there has been interest shown on
 GoaNet regarding the treatment of British families in Goa even though 
 everyone has missed the point: The Goa Government intends to introduce a law 
 to make legitimate past purchases unlawful!
 
 MP Shantaram Naik says that he has submitted a notice of a
 private member's bill to amend Article 371 of the Constitution to empower
 the state legislature to enact a law to regulate the purchase of land
 by foreigners - see:
 http://timesofindia.indiatimes.com/Goa/Britons-buying-land-in-Goa-should-abide-by-law-MP/articleshow/4698993.cms




[Goanet] Treatment of British Families in Goa

2009-06-25 Thread Mervyn Elsie Maciel
As a Goan, I was ashamed to read of the plight of innocent British families
who, havingfollowed the proper procedures and legitimately bought property
in Goa, now find themselves
being hounded by the authorities, and risk losing these properties
.
I hope their Petition to Prime Minister Gordon Brown will receive the
support it deserves.

It is disgraceful to find that while we, Goans, who emigrated to Britain
from East Africa,
India/Pakistan or elsewhere, were, on the whole, made welcome, the same
courtesies cannot
be extended to these unfortunate Britons.

-- 
Mervyn Maciel


[Goanet] Treatment of British families in Goa

2009-06-25 Thread Vivian A. DSouza
Those British families who have chosen to retire in Goa, either build new homes 
or buy old homes for renovation, and generally improve the neighborhood.  I 
have seen many formerly dilapidated homes being taken over, renovated, and 
beautiful gardens planted and flower boxes or pots placed.

The problem in my opinion,is that they have been very gullible, and have in 
many case been taken advantage of, by un-scrupulous professionals (real estate 
agents, builders and lawyers) who have cut corners and pulled the wool over 
their eyes to complete deals which do not meet the test of law.

Being unfamiliar with local laws they have implicitly trusted these 
professionals and are now finding themselves in a stew.  I hope the Government 
gets to the
bottom of this problem and place the blame where it truly lies. But will they or
will the foreigners be the scapegoats ?






[Goanet] Treatment of British families in Goa

2009-06-25 Thread J. Colaco jc
I have been reading these posts about these innocents and how, on
the other hand, East African Goans were able to buy houses etc in the
UK.

There is no doubt that many of these individuals have positively
developed the - about to collapse - houses. Many immigrants have done
the same in the UK and USA. They have invested and rejuvenated
properties.

I suggest, however, that - IF the land i.e. property title has NOT
been cleanly (legally) transferred, No Govt can assist in making the
new occupants the real owners. This cannot happen in the UK nor in
most parts of the world. Some of us may remember the phrase I have a
bridge to sell.

There is NO excuse for ignorance of the law. Furthermore, the law of
transfer of title (Need for Clear title)  is the same, I believe in
the UK as it is in Goa.

If the problem is some technicality e.g. lack of Panchayat approval
(read  bakshish) was not obtained, the Government should definitely
step in and assist. In fact, I believe that responsible Goans should
petition the Government on this. After all, if it is helping to
preserve Goan houses and architecture, ALL Goans should help.

If the problem ONLY is that these UK individuals have been duped by
unscrupulous 'agents', that is not a Governmental problem. That is a
private matter. The avenue open (and it might take a lifetime to sort
out) is to Sue these agents.

jc
==

2009/6/25 Vivian A. DSouza socorro...@yahoo.com

Those British families who have chosen to retire in Goa, either build
new homes or buy old homes for renovation, and generally improve the
neighborhood.  I have seen many formerly dilapidated homes being taken
over, renovated, and beautiful gardens planted and flower boxes or
pots placed.

The problem in my opinion,is that they have been very gullible, and
have in many case been taken advantage of, by un-scrupulous
professionals (real estate agents, builders and lawyers) who have cut
corners and pulled the wool over their eyes to complete deals which do
not meet the test of law.

Being unfamiliar with local laws they have implicitly trusted these
professionals and are now finding themselves in a stew.  I hope the
Government gets to the bottom of this problem and place the blame
where it truly lies. But will they or will the foreigners be the
scapegoats ?


Re: [Goanet] Treatment of British families in Goa

2009-06-25 Thread George Pinto

Yes, some Goan agents are unscrupulous but I have learnt some (many?) of the UK 
buyers were aware of the residency requirements and rules but took their 
chances with paying off (bribes) as necessary. Now they are crying foul. 

Additionally, ignorance of the law is no excuse.


--- On Thu, 6/25/09, Vivian A. DSouza socorro...@yahoo.com wrote:

 Those British families who have
 chosen to retire in Goa, either build new homes or buy old
 homes for renovation, and generally improve the
 neighborhood.  I have seen many formerly dilapidated homes
 being taken over, renovated, and beautiful gardens planted
 and flower boxes or pots placed.
 
 The problem in my opinion,is that they have been very
 gullible, and have in many case been taken advantage of, by
 un-scrupulous professionals (real estate agents,
 builders and lawyers) who have cut corners and pulled the
 wool over their eyes to complete deals which do not meet the
 test of law.
 
 Being unfamiliar with local laws they have implicitly
 trusted these professionals and are now finding themselves
 in a stew.  I hope the Government gets to the
 bottom of this problem and place the blame where it truly
 lies. But will they or will the foreigners be the scapegoats ?