Foreign owned property in Goa, (Part One)

Nick-H · Sep 22nd, 2006, 14:02

Quote:

I am trying to figure out if anyone who is not of Indian origin have obtained the X visa without the 180 day stipulation.

Me too. in April 2006 at HCI London.

I applied for a 5-year (no harm in asking) and they said that after two years marriage they would give 5-year (the same day, the PIO person said after one year!), but for now would give only 1 year. I have one-yr residency permit, issued here, to go with it (that is a whole other story, told elsewhere...). There is no 180-day limit.

There is an option not to register if the stay is not to exceed 180 days stamped on the visa --- the 'book' says registration must be done within 14 days of arrival.

I also know non-Indian family of business visa holders staying here on X visa

praks · Sep 22nd, 2006, 14:08

Quote:

Originally Posted by greenchutney

praks, i am afraid i have to disagree. i have some friends friends who have bought agricultural land for agricultural purposes. and they were definitely not farmer's or prior agriculturists by any means unless having that tulsi or curry leaf plant at home makes them one.

there might be limits on how much a single individual could own say..10 to 12acres...is what i have heard as well..but this might be doubtful too.

i went out to villages outside of panvel [outskirts of bombay] and there were plenty of purchases going on. this was as recent as some months ago.

you also know that historically all the agricultural land around bombay especially in new bombay..a lot of land was acquired by CIDO and rezoned to housing, industries what not...yeah govt can do it for sure.

i dont know unless you provide a legal reference/link since there is sufficient experiences that i have heard that indicates otherwise.

As I mentioned, there are ways to circumvent the law and in fact it will be the revenue officer(talathi) who will guide you how to go about it. But I am sure that the law clearly states that only agriculturists can buy agricultural land. If the land belongs to an adivasi(tribal) then it cannot be purchased even by an agriculturist.

Nick-H · Sep 22nd, 2006, 15:07

DZIbead, I agree entirely that this is primarally an immigration issue, and it is obvious that India is not, generally, an immigrant-friendly country.

However, I don't think I agree with all that you say...

Here's that famous paragraph from RBI again:

Quote:

Q.53 What is meant by a person resident in India ?

A.53 From FEMA angle, a person resident in India means a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year (April-March) and who has come to or stays in India either for taking up employment, carrying on business or vocation in India or for any other purpose, that would indicate his intention to stay in India for an uncertain period. In other words, to be treated as `a person resident in India' under FEMA a person has not only to satisfy the condition of the period of stay (being more than 182 days during the course of the preceding financial year) but has also to comply with the condition of the purpose / intention of stay.

It does not stipulate what kind of visa you should be holding at the time.

It is actually fairly open about what things might indicate his intention to stay in India for an uncertain period although this is just as necessary as the 182 days.

A foreign person who, for instance, marries and sets up home here, would seem to intend to stay for an uncertain period, and may have done so on a tourist visa.

praks · Sep 22nd, 2006, 15:13

Quote:

Originally Posted by greenchutney

i dont know unless you provide a legal reference/link since there is sufficient experiences that i have heard that indicates otherwise.

This is what I've got so far pertaining to Karnataka, Maharashtra, Gujarat(last link, 4.3) but applies to most of India except, I think, Tamil Nadu.

http://www.deccanherald.com/deccanhe...4720051124.asp
http://www.deccanherald.com/deccanhe...2005/real3.asp
http://goodnewsindia.com/pointreturn...f-buying-land/
http://www.deeshaa.net/node/6
http://www.countercurrents.org/glo-shiva050404.htm
http://www.himvani.com/news/2006/07/...or-himachalis/
http://www.deccanherald.com/deccanhe...2005/real4.asp
http://www.deccanherald.com/deccanhe...2004/real5.asp
http://www.gujaratindustry.gov.in/pol-ind.html

Nick-H · Sep 22nd, 2006, 15:16

Rights? or nor Rights?

To use a word beloved of Indian Beaurocrats, I think some bifurcation is necessary here (excuse me while I laugh uncontrolably for five minutes; that word always has that effect...)

There are those who have broken the law, or stretched loopholes too wide. It is hard to argue their current rights.

There are those who have adhered to the letter of the law. It seams to me that any government that does not allow people to enjoy their legally-made investment is a government not to be trusted. It seems to me that these people have and should have rights and are, in no way, moaning or having wrong expectations.

Nick-H · Sep 22nd, 2006, 15:42

Agricultural land

Praks... some very interesting stuff among those links, I've bookmarked one or two for future study.

The restrictions on purchase of land would appear to be state-dependent. This from one of your links...

Quote:

In Karnataka and Maharashtra [- my information is based on hearsay], only agriculturists may buy agricultural land. In J&K of course, outsiders may buy no property of any kind. [It will be useful if readers from various states leave their knowledge as comments at the bottom of this post]. In Tamil Nadu there are no restrictions as long as one is an Indian citizen.

cyberhippie · Sep 22nd, 2006, 16:08

Marriage........job, house doesn't always equal residential status Nick, countries often see these as separate issues in the questiom of gaining residency.

Like here in Holland, when I applied to renew my 5 year residency card, I had a decent bank account, had already lived in Holland for 9 years, had a job I returned to every year and was married already for two years to a Dutch girl.

The first question was where is your contract from your employer. I explained I was a seasonal workers and as such had no contract but I did have a letter for my employer.........She practically put the pen through my application!!

No way hose, no 5 year card unless I had a work contract for at leat one year. Which legally left me in limbo, I had two choices be sponsored by my wife forever, with little or no rights as a individual, or (get this one) pay 500 guilders and become a Dutch citizen??????

This is Europe and I see similarities in India, having a business or property isn't what the immigration folks see as a cast iron case for a five year visa, It was the realisation of this that stopped me trying to buy property in India. For years I've heard stories of people left high and dry when their visas are revoked or not extended.

To add insult to injury it appears to be difficult to fight this legally! As there are so many grey areas!

When sons, brothers wanted to reclaim property bought legally by foreigners the first port of call was alway get the visa revoked!!

praks · Sep 22nd, 2006, 16:30

Quote:

Originally Posted by Nick-H

Agricultural land

Praks... some very interesting stuff among those links, I've bookmarked one or two for future study.

The restrictions on purchase of land would appear to be state-dependent. This from one of your links...

If you read my post No. 359 on this thread it mentions about the state of Tamil Nadu. Many non-agriculturists wanting to buy agricultural land elsewhere in India first buy it in Tamil Nadu, acquire the status and then buy it in the state of their choice. The same piece of land in TN is acquired by different people at different points in time and then sold after they buy land in the other state. The land in Tamil Nadu is needed only to acquire agricultural status. The agents get a cut after each transaction and very often the price of the land in TN is included in the sale price of the land in the other state. It is a well oiled network.

Nick-H · Sep 22nd, 2006, 17:02

Quote:

Originally Posted by cyberhippie

Marriage........job, house doesn't always equal residential status Nick, countries often see these as separate issues in the questiom of gaining residency.

I was speaking veru specificaly in the context of the India FEMA regulations and the intention clause. Not, in this instance, about any other aspect or any other country.

Nick-H · Sep 22nd, 2006, 17:04

Quote:

Originally Posted by praks

If you read my post No. 359 on this thread it mentions about the state of Tamil Nadu....

Then you were speaking about Goa? Perhaps I muddied the waters by introducing Kerala into a Goa property thread, but I thought you were speaking of a national restriction.

praks · Sep 22nd, 2006, 17:24

Quote:

Originally Posted by Nick-H

Then you were speaking about Goa? Perhaps I muddied the waters by introducing Kerala into a Goa property thread, but I thought you were speaking of a national restriction.

I was speaking of a national restriction, exception being the state of Tamil Nadu.

greenchutney · Sep 22nd, 2006, 21:59

Quote:

Originally Posted by Nick-H

DZIbead, I agree entirely that this is primarally an immigration issue, and it is obvious that India is not, generally, an immigrant-friendly country.

tut tut nick.....india is not generally not immigrant friendly?

there are millions walking across the border from nepal..actually the nepalis dont need a passport for all i know..they just saunter across, there are zillions of bangladeshi's in...800,000 in bombay alone according to some estimates..and sri lankans are there all over tamil nadu. tibetans are in..dont even have to mention that....and god knows how many burmese come in on the north east... some of our politicians go out of the way to get these people in ~ the only door that is shut..and that too has big holes in it is our border in the north and northwest...

praks; i will try to locate some of folks who i heard from for the purchase of the agricultural land. and these folks are in maharashtra. and as far as i know they didnt do any under the table dealings. thanks for the links.

cyberhippie · Sep 22nd, 2006, 22:03

You're just a bit careful with those Gora colonialists eh GC

greenchutney · Sep 22nd, 2006, 22:11

ha! we are being colonized by bangladesh at the moment to be honest CH. they produce, they produce and they produce. not that others and people here dont match the population derby, god only knows where its going to end with all the strains on land, water and air.

praks,

most of your links deal with karnataka. i didnt see anything with maharashtra. i saw this sentence in the third link...which he the blogger said that his statement is based on hearsay..

"
In Karnataka and Maharashtra [- my information is based on hearsay], only agriculturists may buy agricultural land.
"

i am sure there will be ordinances by city and states to protect whatever. while it may be true for karnataka, it may not be for other states. the himachal issue i think is very well known. and i dont trust vandana shiva to be honest. eitherways i will check and seek solid sources.