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INTERNATIONAL GOAN ORGANIZATION, (IGO) ONTARIO, CANADA

A Meet & Greet event with the Hon. Eduardo Faleiro, Commissioner for NRI Affairs, Govt. of Goa, India, was hosted by the International Goan Organization (IGO) of Ontario Canada, in Mississauga, at 7.00PM on July 24, 2008. The event was attended by over 130 people and included the Presidents & Members of the other Goan Associations around the GTA, and members of the media. The guests of honour were:

• Hon. Eduardo Faleiro, Commissioner for NRI Affairs, Govt. of Goa, India.
• Mr. U.D. Kamath, Director, NRI Affairs.
• Mr. Pradeep Choudhury, Indian Consulate, Toronto.

Property - Pakistani Goan / Foreigners cannot own property in Goa

I am a Pakistani Goan now holding Canadian Citizenship, can I buy property in Goa? We came to Canada in 1969 and have been Canadian citizens for over 30 yrs. My parents were both born in Goa and I have renounced my Pakistani citizenship and have traveled to Pakistan & India on my Canadian Passport with visas.  With the proposed legislation that foreigners are not allowed to own property in Goa, especially along the coast, how does this impact us, Non resident Goans? How will this affect us, regarding ownership of ancestral land, or the sale of same?

Response from Hon. Mr. Faleiro:

Right now, not possible. Visas are very difficult to obtain - will liaise with Consul General. Canadian Goans, are not considered foreigners and can buy property in Goa

Harassed by tenants

Since 1985, my mother was being harassed by a new comer to our village who constructed a house. Since his arrival in our village he has caused endless trouble harassing not only mother but many other villagers. He has been taking us to court making false allegations about one thing or the other. Since my mother passed away he is now started harassing me. He has taken me to court several times stating that I have built my compound wall illegally and have not given him access to his property, and that as an NRI, I am not able to hold any property.
Despite the courts ruling given in my favor i.e., I produced evidence that permission was granted to construct my walls and at time of construction (1985), plus I provided him with almost Two Meters to be used as a Foot Path instead of the regular One and a Half Meter as per the Panchayats/PWD directive. Unfortunately every year as soon as I leave Goa after spending five months, one or two weeks later my staff finds a notice stuck on my door summoning me to attend court. It has happened again this year. Every year I spend large sums of money on Lawyers.

QUESTIONS:

1. Can I be taken to court for the same alleged charges even although past ruling was in my favor?


2. I will be in Goa in mid November, is it possible to introduce me to someone who could look into my case and help me?

Response from Hon. Mr. Faleiro:

Working and waiting on the finalization and coming into effect of the "Summary Trial" amendment to the legislature. Minister of Revenue assured to get it passed in the next session. This should facilitate actions being taken in days versus years.
The proposed 'Summary Trial' amendment to the Bill for property protection for Govt. servants, should be in place sometime in Aug-08 after the Session resumes.   This amendment, would be somewhat like the earlier Bill which introduced Goa Amendment for the protection of property of Govt. servants.  This would apply to Individuals only and not a generalization of law in the broad sense.

People who rented premises refuse to vacate them  / Sale of tenanted property

Some people rented their houses in Goa. Sometime later the tenants stopped paying the rents. When asked to vacate the properties, they refuse.  Is it possible to Hon. Faleiro to look at these situations and bring legislation to deal with it faster then to go through long and expensive Court's process?
My dad's property in Margao has tenants who do not want to leave, how do we handle this issue.

Response from Hon. Mr. Faleiro:

Tenants / Tenancy - should be handled in the proper legal way.  Ensure that there is Lease / Contractual Contract / named Statutory Tenant is in place, in accordance with the Tenancy laws. All initial lease agreements should be followed up with Contractual Contracts (Tenancy Law); after this renewable Lease & License for 11-month period should be made and validated.

Will & Estate

My grandmother who is deceased and who owned the house in Goa made a Will and left it to her two sons. Both sons are deceased.  Both sons have 5 children each and are married.  My father and mother are both deceased. My father made a Will in Canada and my mother made a Will in Goa and has left the property to me and my brother.  Can you please let me know if I have to do a Succession Deed, whereby all the children and their spouses have to provide their Birth and Marriage Certificates and other documents?

Response from Hon. Mr. Faleiro:

All legal docs - Wills / estates / succession deeds / etc - made outside Goa and required to be used for the sale of property - should be routed through the proper channels.  This is a question of 'Law' / 'Legal nature" and needs to be analysed at a legal level.

Ownership without will

There is a very good web-site already in place (www.globalgoans.org.in); it is being further developed to reflect progress in matters on a case-by-case basis. Once the improved web-site is functional all questions / queries sent in will be answered in 1 month's time timeframe; and / or status updates to queries will also be made available to all interested in about the same time period. International law - unfortunately this is not applicable and it is not possible to apply the same in Goa.  However, the web-site, would be a very useful tool to share experiences of international laws and to then see if it could be applicable in Goa.

My Dad is a Goan born in Varca Salcete Goa (deceased). He was the sole owner of the property which is in Orlim.  Prior to his death the property was registered in my Mum's name. My Mum  is a Goan and was born in Orlim Salcete Goa. She died in Canada. We have our Dad's Birth Certificate, Death Certificate and  all the original documents relating to the property. We believe as there was no Will made by my Mum, according to the Portuguese Law all the surviving children are entitled to the property. Am I correct?

Squatters on unoccupied ancestral property

Is the government considering or going to consider a legal way to get squatters off unoccupied ancestral properties? Would like to see a reasonable and legal compensation plan for the squatters, with clear title and land/home returned to the ancestral owners within a reasonable time frame from when the process starts.

Right now we have an ancestral property in Siolim that is in shambles as there is a squatter family on the land but not in the house (which was locked but is now a shell as they have removed the interior structure block by block). No developer will touch it until the squatters are removed. The squatters will not negotiate and have threatened family members attempting to do so. Lawyers have not been able to resolve issue which has been on-going over 15 years, although all legal documents are in order proving ownership.

Response from Hon. Mr. Faleiro:

Possession / title shift is 9/10 of the law  - it is easier for builders to remove the squatters than for an individual to do so. Have to claim possessions but if owners fail to do that then the squatters can claim possession

Sale of property Occupied by family  /  Kuwait returnee funds

Have property in Goa from my mum's side, but have my mum's cousins living on the property, what is the best way to solve this issue.  My uncle who is in England wants to sell this property.
Have not received a reply from Syndicate Bank in Margao, regarding the Kuwait returnee funds that were to be deposited into our account.  The decent thing for the bank to do was to reply to our letter.

Bribery

My neighboring plot is bought by a person from Gujarat. He encroached my ancestral property in Calangute, Goa by breaking a wall fence and was using it as a car access road without my permission. In May 2008 I had to rush to Goa from Canada to stop him. When I approached the Panchayat office in Calangute I was told by the deputy Sarpanch in Calangute that if the person from Gujarat bribes the Sarpanch of Calangute with 5 lakhs of rupees the Sarpanch will be in his favor for a car access road through my property. Is this true? Where do I stand? What should I do in this case?
Now, I have temporarily blocked him by erecting barbed wire fence and a sign board "No Trespassing" on the plot. I have pictures with me as evidence. In case he breaks through again what is the solution to this problem?

Response from Hon. Mr. Faleiro:

Matters initially taken to the Sarpanch's office are :
(i) next taken to the Dir. Of Panchayat's office. (ii) a block on the property is issued; and (iii) arrangement for security is put into place Agencies involved in the above are the Chief of Police / the Collectors' office / District Committees.

NRI representation

Now as we have Hon. Eduardo Faleiro, Commissioner for NRI Affairs, (Cabinet Minister rank) Government of Goa, India looking after our NRI affairs in Goa, will there be NRI unit functioning in Goa as well as NRI unit in Canada to liaise with each other to resolve the problems regarding ancestral properties in Goa, investment in Goa, civil and criminal cases?

NRI Grievances

In view of the huge problem facing overseas NRIs in dealing with property issues, would it be possible to open an office in Goa to deal with such issues. In my opinion, should this ever take place, I would like to see it staffed by knowledge people familiar with Indian Property Laws. There should be a NRI web-site where among other information; a Q & A page should be included.

A special cell should be arranged by the Govt. of Goa for the NRIs for the sale/transfer, construction/development of land/property, as we have great trouble in bribing the Panchayat /town planner, being non residents. Also additional incentives may be given to the NRIs for this purpose.

Response from Pradeep Chaudhury, Indian Consulate, Toronto, Canada:

All OCI applications were accepted at the Indian Consulate, Toronto, on a first come first served basis, with an average of 40 - 45 applications accepted daily. These were then scrutinized and forwarded to the Min. of Home Affairs for processing and issue of OCI cards
A special cell should be arranged by the Govt. of Goa for the NRIs for the sale/transfer, construction/development of land/property, as we have great trouble in bribing the Panchayat /town planner, being non residents. Also additional incentives may be given to the NRIs for this purpose.

Response from Hon. Mr. Faleiro:

Informed that there were plans for setting up a satellite office, with NRI representation, to liaise on behalf of all NRIs  - this would further help facilitate the process in progress.
It was suggested that we select someone to represent all NRIs in Canada, who would act a focal point between the Canadian NRIs and the NRI Affairs office in Goa. With this type of setup - we could either have all Emails / Faxes with concerns / questions sent to the office of the Dir. of NRI Affairs, Goa, for necessary answers / direction of next steps / action to be taken. All this had to be on a case-by-case basis only - no generalization and everything in writing.  Phone calls not recommended. The IGO appointed Mr. Florentino Colaco to be their representative.

Birth/marriage and death certificates to inherit property

Since my dad bought the property in GOA himself and did not inherit it from his parents do we still require his parents' birth/marriage and death certificates?

Goa tourism and safety

Since Goa is a hot tourist attraction everyone will agree that it is critical for local Goans as well as tourists to ensure that personal safety is paramount and the rule of law prevails at all times. Many overseas Goans are concerned that Goa is now not perceived to be safe and that gang leaders (local and foreign nationals) seem to be calling the shots, rather than the police. This perception is based on many recent developments that have been widely reported creating a "loop of concern and fear among visitors and locals alike".

Mr. Minister, what is being done by the authorities to ensure the culprits are taken to task, the rule of law is strictly enforced - thereby creating a feeling that Goa will soon return to being the great holiday resort where people are very hospitable and where safely prevails?

Response from Hon. Mr. Faleiro:

Cited some examples and explained that these concerns are global and there is nothing anyone can do to eradicate this all together.   As and when reported or known, the concerned authorities are doing all in their power to address such situations and bring the culprits to trial and due punishment.... in an attempt to stem any / all future occurrences.

Environment & Rights

The forest and foothills around Quepem are currently being razed for ore to be exported to China.
- The mountain springs are being damaged and the ground water sources will be completely destroyed, the villagers of the area depend on these sources of water;
- The mining companies are using arsenic to ensure purity of ore, the waste filters down into the fields in the area and crops are then being consumed by the villagers;
- the government school is in the area, 500 meters from the giant excavators as is a historic temple;
- the minister for urban development has bought the land in the area and is coercing the forestry officials;
- the public forums were staged with mining employees and their families and the local media prevented from attending.

WHAT IS BEING DONE ABOUT PRESERVING THE ENVIRONMENT AND PROTECTING THE RIGHTS OF THE VILLAGERS?

Response from Hon. Mr. Faleiro:

Explained with examples, that the issues / concerns about the preservation of the environment were worldwide. What is going on currently in the village of Quepem; with the excavation of the ore mines, and contamination to all plant / animal / human lives is inevitable to a certain extend wherever there is a govt. development / improvement strategy in place.   The Govt. must have a precise development strategy / planning schedule in place and the Chief Minister / Govt. should / would be the best authority to address these concerns / queries.

OCI

People applying for PIO & OCI status at the Toronto office are having a difficult time in having their documents processed for the following reasons:
(a) Lengthy line ups.
(b) Only 40 persons can be seen on each day. Sometimes one can be making several trips downtown. Think about the cost and traveling time especially if the person is out of GTA.
(c) Staff rudeness is very prevalent.
In order to alleviate the hardship of the applicants, why not see people on an appointment basis. Have a toll free number.

Non-Indian Spouse eligibility for OCI

I applied for OCI this year and I got it because I was born in Goa. However, the Consul of the Indian Consulate refused to accept my wife's application because she, her parents and grandparents were not born in Goa. Whatever their regulations are, they should have a provision to accept the applications of spouses, even if they, their parents or their grand parent were not born in Goa, due to the fact that they are married to someone who was born in Goa. The prevailing regulations only breaks apart the family ties between husband and wife. This is not admissible within a civilized democratic and developed country. Of course I know that she can apply for a visa, but this is not the same thing and does not give the same rights as OCI does. Suppose I want to live in Goa. My wife won't be able to, unless she keeps getting visa continuously, which is not right. I would like this matter to be brought to Hon. E. Faleiro's attention to bring a solution.

Response from Hon. Mr. Faleiro:

OCI and PIO as defined by the government of India is put in place to meet with specific non-resident Indian status requirements.  There is no restriction for you wife (a non-OCI card holder) to live with you in Goa on a visa.