ASSAGAO: Can you believe that in a single sale deed, 12 different properties in Assagao and Parra villages were sold by the so-called owners to a single person?
Of the above 12 properties, four are located in Parra which include Survey Nos 37/3, 37/4, 37/5 and 37/6 and the remaining eight are situated in Badem, Assagao in Survey Nos 43/4, 56/3, 31/1, 31/2, 19/6, 19/7, 21/2 and 39/6. The names of the owners included in the fake sale deed are Maria Felizinha de Souza (daughter of Caetano Xavier de Souza); Jose Joaquim Pinto de Souza, Caitano Salvador de Souza (son of Santana Souza), Anna Rosario
Generorosa de Souza, widow of Antonio Domingos de Souza, Franciso de Souza, Joaquim Antonio de Souza, Pedro Joao de Souza, Baptista D’Souza, Pedro D’Souza, Clemente de Souza, Nevis de Souza, Miguel Arcanjo de Souza and Anacleto Vicente Monteiro.
Of these, one of the properties bearing Survey No. 39/6 and measuring 1900 sq mts is located at Baddem Assagao which is originally owned by Francisco de Souza & Maria Archangela de Souza. They purchased the land in February 1909 and had their sons - Antonio Domingos de Souza and Miguel Arcanjo de Souza - as legal heirs.
The property was later passed on to their next heirs comprising four persons of which two are alive.
The current co-owners of property bearing Survey No. 39/6 are Nevis de Souza who is above 90 years and 87-year-old Anacleto Vincent Monteiro. Clement de Souza and Francisco de Souza have expired.
Nevis and Anacleto are fighting the battle to get back their ancestral land.
THE FAKE DEED IS DONE: 12 PROPERTIES SOLD TO ONE PERSON
In the fake sale deed, which was inserted in the deeds of 1951, all 12 properties have been sold to a single person Antonia Francisca Pereira Diniz, mother of Branca Casianna Diniz and grandmother of Royston Rodrigues through a single deed of succession prepared in November 1951 including property bearing Survey No. 39/6.
In the fake sale deed, one of the heirs of the property bearing Survey No. 39/6 i.e. Miguel Arcanjo de Souza, who had already expired in April 1951 was “brought back to life” after seven months of his death, while another co-owner Anacleto Vincent Monteiro, who was just 15 years old in 1951, was made to sign the deed.
Anacleto Vincent Monteiro became a co-owner of the said property in 2000 and cannot be an executor to the said deed of sale dated November 26, 1951.
DEAD BROUGHT BACK TO LIFE
Surprisingly, a person, who expired in January 2022, was “brought back to life” and moved an application for mutation. Branca Diniz, who died in January 2022, “moved” a mutation application in March 2022.
It has also come to light that Form X was sent via a post on March 19, 2022, to the occupants of Form I & XIV, which was done after issuing the public notice on March 17, 2022, that too to unknown addresses and there are no returned envelopes or A/D slips on record.
PUBLIC NOTICE- NOT THERE. ORDER CERTIFYING THE MUTATION- NOT THERE
Also there is no newspaper copy on record on which the public notice is supposedly to have been published.
Further, there is no copy of the order certifying the mutation. There is no application for substitute service. Also there are no details and signatures of the translator for the said translations from Portuguese to English.
When Branca had already expired on January 30, 2022, a deed of sale dated March 30, 2022, was executed between Branca Cassiana Diniz alias Branca Rodrigues, Paulina Juliana Diniz alias Palmira Gonsalves, Mariano Antonio Teles Gonsalves and Royson Rodrigues, who are alleged to have fraudulently sold the property bearing Survey No. 39/6 to Lenchu K James, a Dubai-based businessman, Anand Manohar Mandrekar, Rita Fernandes alias Rita Mascarenhas and Joaquim Anthony Mascarenhas falsely stating that the said property was inherited by virtue of a Deed of Succession. Madhumita Avdhut Nayak Salatry was the notary.
Meanwhile, Ashley Monteiro, who holds the power of attorney of Anacleto Vincent Monteiro said, “It’s very painful to see our own parents and other co-owners being stressed at this age of their lives and being deprived of their ancestral property which they never imagined would be robbed from them in such a manner.”
He said, “It’s been a year since we found out about our property being affected by this land grab mafia through the illegal mutation proceedings initiated by the fraudsters. We initially felt relieved that we could object to the illegal mutation proceeding. However, we were shocked to find out that there was a third-party sale deed executed the very next day of the mutation objection.”
Ashley said, “The journey since then has been very stressful with an unclear path to justice and how/who is in authority to revert back the property to us. Why should we the rightful owners be burdened legally and financially for something which is rightfully and lawfully ours?”
“Connivance of governmental officials with no confirmations of departmental inquiry, accused getting easy bails and still being given ample amount of time to cover up their crime is clear. The Commission of Inquiry has a limited scope. Is there another legal journey that awaits us? The SIT has investigated the matter, understood the modus operandi, arrested the accused, determined the forgery and fraudulent activities committed and also brought to light people in power, who are also some of the accused and conspirators. So what holds the authorities back in endorsing that there is a crime committed, the criminals and conspirators need to be prosecuted and justice be provided to us immediately by reverting our property back to us and declaring the subsequent illegal sale deed null and void,” Ashley demanded.