Foreign owned property in Goa, (Part One)

palomnik

Can anybody define for me exactly what "immovable property" means in Indian law?

Does it apply to land only, or does it apply equally to apartments, or houses on leased land?

Many thanks in advance.

crvlvr

yes, yes, yes...

goangoangone

From Herald 22nd Aug. http://oheraldo.in/node/18334?PHPSESSID=11eda8e4f10b23 495bcd8ccacea6ce0a
I know it's a common name in Goa but I know a Menino Mascarenhas who is a builder.
Today's Letters: http://oheraldo.in/taxonomy/term/18

missed this one http://oheraldo.in/node/18282

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capt_mahajan

hmm. mascarenhas sounds like he has an axe to grind all right.

has a couple of valid points, but the article is unidimensional.

palomnik

Actually, I've heard Mascarenha's arguments used before. In fact, a good friend of mine got a residency permit on precisely the same argument - that FEMA does not say that the 182 days you reside in India have to be consecutive, but only within one fiscal year. She was in India on a tourist visa. She bought a house, and got a residency card.

Whether or not she will be allowed to continue living in Goa with her permit is something that's causing me a certain amount of anxiety.

bellcrank

If I recall correctly, FEMA does not mention the word "visa" at all.

Nick-H

Palomnik... One of the conclusions we have reached in these Goa/property threads is that residency as in permit and residency as in FEMA are not at all the same thing. In fact, residency as in Tax is a third thing.

But one way or another, if she bought it in accordance with FEMA rules that is about as much as she can possibly do to be on the right side of the law.

re goangoangone's links.... its odd how these anti writers come up with the "Indians aren't allowed to buy houses in UK" stuff! I know plenty of Indians living in their own houses in the UK. I don't think there is any sort of residency qualification necessary. Of course, whether our oh-so-hospitable home office would give a visa to come and visit it is another matter ...

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bellcrank

You may have missed this too
http://oheraldo.in/node/18276

The Herald seems to encourage this sort of daft contribution on a daily basis.

crvlvr

I don't see whats so "daft" about the writer's letter. He was just stating an opinion. One which, I think, is shared by a large number of Goans. Thats propably why the govt has started cracking down. As in most democracies, Indian politicians do not act until after they have carefully calculated what such action will do to their political capital..

GoanCanuck

Nothing "daft" about the letter in question. The author raises a valid point of concern.

moksha1

What is "daft" about the letter "Anjuna Raped By Foreigners" is the hysterical tone of the writing.

The statement "Beautiful Goan houses are being bought by foreigners and turned into dens of vice" is laughable in the extreme. I have read this assertion in oHeraldo before, and by a serious journalist.

What has infact happened in only a few instances, in Anjuna, Saligao and Assigao mainly, is that delapidated ancestral wrecks have been transformed by foreigners with loving care, great expense and a respect for heritage into habitable homes.

There is almost no respect for architecture or architectural heritage in Goa. Families are too busy feuding over petty disputes of ownership while the item of dispute falls into ruin, and this can go on for generations.

Take a look at any of the hastily built concrete monstrosities of recent years and that is all you need to know about Goa and its aesthetic sense and respect for architectural beauty.

As for "dens of vice", the only thing I am aware of is the proliferation of the sex trade in houses along the coast, a direct consequence of the disruption and demolition of the red light area at Baina. Ask any taxi driver who it is that is running and working in the real "dens of vice", and the answer will not be foreigners.

goangoangone

Yes, too busy looking for these "dens of vice".

capt_mahajan

quite.

if any law has been broken, foreigners and indians should be penalised.

other that that, no one nationality has any monopoly over dens of vice or even loving care.

Shaktipalooza

I have to agree with moksha1. Xenophobia is an ugly thing no matter where you find it.

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crvlvr

I think debating the author's opinion, "Anjuna Raped By Foreigners" is an exercise in futility. Everyone is entitled to their own opinion. And in Goa, the local's opinion counts more than a tourist's. Why? Because they vote for the politicians who make the laws. It would be in prudent for tourists, especially those who intend on staying/investing in Goa, to be sensitive to these opinions, rather than dismissing them as "daft" or "xenophobic".

Visiting Goa for a few days barely gives a visitor the true picture of the impact seasonal tourism has to the locals. Yes, they might be monetary benefit to those locals who earn their living from tourism. But what about the rest?

While in goa, I was pretty surprised to learn that a large number of locals, leave Goa during New Years becuase of the inconvenience cause by the large number of tourists. During my NYE trip, it was impossible for me to complete a cell phone call as the circuits were jammed with the increased call volume.