In the middle of the night, there is a knock on the door. Two men enter the home of a British lady, threaten her at knife point and ask her to sign away the property she thought she had “bought” back to the builder with whom she signed the agreement to sell.
Another couple who were told by their neighbours and the local lawyer in 2004 that they could trust their money with the builder who would use their deposit to further build the property and then ultimately get it registered, were left asking the same builder in 2011 when they could have their flat registered. By this time they had already received an investigation notice questioning the legitimacy of their purchase and their stay in India. By this time they had decided to sell their flat and finally leave the country. They even had a buyer. Just when they thought that they could exit and did a quick check with the registrar, they were told that the flat could not be sold because it was under investigation and wasn’t registered in the first place. The builder then made an offer. He would pay them the principal sum for the apartment they bought seven years ago with no interest. This is a story that is being played out across Goa with the victims mainly being British. While there is voluble discussion and debate in social media groups whether sympathy for them is misplaced because they did not quite do checks about rules before investing, those in the real estate, property business as well lawyers, are clear that a lobby of builders, property agents and lawyers, cashed in on the boom of people from the West wanting to retire in Goa.
The situation is now turning ugly, because they need to cash in on the high prices people from Delhi and other metros are willing to pay and are therefore “clearing out” foreigners whose paperwork is not perfect -thanks again to the same lawyers themselves. It is exactly this situation which found an echo in the British Parliament last week. British MP Tim Loughton speaking in Westminster last Tuesday said “Hundreds of British subjects have been prevented from registering their properties in Goa, having previously fulfilled the requisite legal processes, primarily because of restrictions on visas. In some cases, that has led to criminality and harm towards foreigners when they have tried to obtain their properties causing loss of investment. Some cases have been involved in extreme violence. Other people included those who came together to invest in Indian tourism and who have been prevented from trading due to altered interpretations of the law, and in tandem prevented from registering their properties. Huge stress has been caused to people who legitimately went out to invest in businesses in Goa. In most cases, they are not wealthy but invested their life’s savings. We seem to have the Goan equivalent of the mafia”.
Bryan Smith, who is working with an informal group of British expats with such problems is very alarmed. In a conversation with Herald in a café in North Goa he said, “ None of you know what really is going on. It’s a mafia all right. They are elderly people out there and they are very very scared. People are falling sick, some are suicidal and one suicide which has happened is, we are sure, a direct result of such stress. Some really do not have any money left”. He went on to add, “Do you know what Goa is referred to by a majority of those who are suffering and those who have friends and relatives back home who know what’s going on? Goa is called “Zimbabwe by the sea”. He referred to the absolute lawlessness in that nation and compared Goa to the ills of Zimbabwe”. He also spoke about “threatening conduct” on the part of officials and “a culture of enormous fear.”
He however added that over the last two years, the only area where there has been some hope is the Enforcement Directorate. Herald understands that they are contrary and divided views on this and will hold final judgment. But it is clear that there were indeed many whose cases have been cleared and feel that the current Enforcement Directorate team has at least helped clear cases under investigation more sympathetically. One elderly lady named Margaret said, “When I was first called by the ED six years ago, I cried because my documents were just discarded and I wasn’t told what more they wanted. My taxi driver saw me crying and went back to the ED office and asked “What did you do to make mamma cry”. She however said that her case is now clear and she is ready to sell her property and move back to England.
It is clear that while earlier cases under ED investigation are being handled, the fear point lies with builders, agents and lawyers who are using the plain agreement to sell to force properties to be given back to them. And this is done through coercion first and violence later. And the real horror stories haven’t been told yet.
Review Bureau
