NOTICE: The public is put to notice that the Dempo family, Vagle Estates and others have tried to appropriate the property in Shridao and Goa Velha by falsely claiming to be owners of the properties under cadastral number 300
BY P.J. AUGUSTINE
Mr Lourencinho Gonsalves and family, of Zuari, Goa Velha, Tiswadi, Goa have issued public notice cautioning the public, Regulatory Authorities and Financial Institution through their advocate that they are the owners of the land with cadastral numbers 300, 302, 420, 162 & 165 and that they do not belong to Dempo Properties and Investment Pvt Ltd or Alcon Developers or Vagle Estates or others
The Public, the Banks and Financial Institutions, Town & Country Planning Authorities, NGPDA and the Revenue Authorities in charge of mutation applications, Coastal Regulation Zone Authorities are put to notice by my client Mr Lourencinho Gonsalves and family of Zuari, Goa Velha, Tiswadi, Goa are owners of cadastral No 300, 302, 4, 20, 162, 165.
The Public, the Banks and Financial Institutions, Town & Country Planning Authorities, NGPDA and the Revenue Authorities in charge of mutation applications, Coastal Regulation Zone Authorities are put to notice by my client Mr Lourencinho Gonsalves and family of Zuari, Goa Velha, Tiswadi, Goa are owners of cadastral No 300, 302, 4, 20, 162, 165.My client Mr Gonsalves and family are owners in possession of property under old cadastral No 300, 4, 20, 162, 165 along with cadastral No 302 of the property situated at Zuari, Goa Velha, Tiswadi, Goa. The said cadastral No 300 is presently surveyed under the following New Survey No 188/1, 188/1-A, 190/0 (Part), 191/1, 191/2, 191/3, 192/1, 192/2, 192/3, 193/0, 194/1, 194/2, 195/0 (Part) of Goa Velha Village of Tiswadi Taluka, Cadastral No 4 – Survey Nos 1, 5, 6, 7, 8, 27, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66 Cadastral No 20 – Survey Nos 31, 27, 28, 30 Village of Siridao. Cadastral No 162 – Survey Nos 64/4, 5, 74/3, 4, 6, 7, 8, 9, 10, 12. Cadastral No 165 – Survey Nos 20, 21, 22, 23/1, 5, 6, 8, 10, 13, 15, 16, 17, 18, 19, 76 village of Curca.
The said property in the past was mortgaged by the erstwhile owners.
The Register of conveyances/inscription dated 9/3/1946 No. 17154 it is found inscribed in favour of Joaquim Joao Alexio Do Rosario De Santa Rita Colaco who purchased the said property under cadastral 300 in a court auction held on 16/11/1942 in view of mortgage execution proceedings initiated by Purshotham Naik Gaonencar against the mortgager.
The said Joaquim Joao Alexio Do Rosario De Santa Rita Colaco also purchased on 9/3/1946 another property under inscription No. 17155 belonging to Joao Antonio Fernandes and his wife Esperanca De Braganza under cadastral No 302.
The description of the said property under cadastral No 300 in the said Mortgage indicates the boundaries on the north, west, east and south as per the certificate dated 20/07/1943. Inscription dated 9/3/1946 states that the said property is inscribed in favour of Joaquim Joao Alexio Do Rosario De Santa Rita Colaco under No. 6894 at folio 132 of the reverse of book B 18 new,was purchased in a court auction held on 16/11/1942.
Thereafter in inscription/Sale dated 19/05/1950, serial No. 8, number 20990 is inscribed in favour of Minguel Francisco Gonsalves from Goa Velha, the transfer of the property described under 6894 at folios 132 of the reverse of book B 18 new and that the said whole property was purchased by Minguel Francisco Gonsalves from Joaquim Joao Alexio Do Rosario De Santa Rita Colaco and his wife Mrs. Adelina De Rosa Mata De Santa Rita Colaco by deed of sale dated 12/5/1950 and the same was registered in the judicial division Tamba on the book no. 433 folios 46 reverse.
The Sale Deed and discharge dated 12/5/1950 was executed by Joaquim Joao Alexio Do Rosario De Santa Rita Colaco and his wife Mrs. Adelina De Rosa Mata De Santa Rita Colaco in favour of Minguel Francisco Gonsalves from Goa Velha.The late Minguel Francisco Gonsalves who is the father of my client expired in the year 1975.The public is put to notice that the Dempo family, Vagle Estates and Nazareth Sequeira family, Mr Albin Gomes have tried to appropriate the said property by falsely claiming to be the owner, all of them have no right or title to the said properties under cadastral No 300, consisting of 2 sapais as per inscription registered on 29/12/1948.
The Dempo family first float a company M/S Sociedade Familiar do Dempo claiming part of the cadastral No 300 of the said property to be of the said company. Thereafter the Dempo’s sought dissolution of the said erstwhile company by deed of dissolution dated 06/05/1967. Thereafter Dempo’s floated M/s Dempo Properties and Investment Private Limited and claimed ownership of the assets of the erstwhile company, when factually the said company of Dempo’s family never owned any part of cadastral No 300, or any of the above cadastral numbers.Thereafter M/s Dempo Properties & Investment Pvt Ltd assigned the rights by conveying the said property to M/s Zuari Real Estate Company Pvt Ltd.None of the companies erstwhile or present companies or the family of Dempo’s own or possess any land or were owners of cadastral No 300 or any of the above cadastral numbers at any point of time, but kept on creating documents of ownership of property when none of the companies own any property.
Thereafter Dempo’s go further to approach the Hon’ble High Court of Bombay at Goa and under the scheme of amalgamation under the Companies Act obtained an order dated 19/10/2001 assigning the property to M/s Zuari Real Estate Company Pvt Ltd and Siridao Estate Pvt Ltd to mislead the members of the public to show that cadastral No 300 was owned by the family of Dempo’s when factually the said company own no land in cadastral No 300, Zuari, Goa Velha, so also M/s Vaglo Estates and Mr Nazareth Sequeira family have entered their names in survey records. The said documents are paper documents created to mislead the public and fraudulently claim my clients property with oblique intentions.
Thereafter M/s Dempo Properties & Investment Pvt Ltd entered into another fraudulent transaction with M/s Alcon Developers a partnership firm represented by Mr Nanda S. N. Counto to develop the said property under cadastral No 300 part in to small plots. My client states that in the last two months four parties have approached my clients seeking to rectify the agreements and deed of sales entered with M/s Dempo Properties & Investment Pvt Ltd and M/s Alcon Developers, stating that the bank on scrutinising the documents through their legal counsels have given an opinion that the sale executed by Dempo Properties & Investment Pvt Ltd and Alcon Developers are bad in law and that the title is defective and rejected the loan applications.One of the Bank that rejected the 2 loans is M/s Oriental Bank of Commerce and a number of other banks have given identical legal opinion and as such the parties who have suffered on account of fraud have approached my clients to rectify the fraudulent deeds which my client has rejected.My client states that the family of Dempo’s, Vagle Estates and Mr Nazareth Sequeira, Mr Albin Gomes were aware right from inception that my client’s father was the owner of the said property, and took advantage to grab the property of my client, as my clients were not able in the beginning to trace the original documents, which was traced and found in 2010. One of the sale deed for a plot of an area of 307 sq. mts which my client has come in possession on 10/11/2017, clauses 2 and 3 read as under: (which is very shocking)
“2.The Vendor hereby covenant with the Purchaser that the Vendor has a clear marketable title to the property described in Schedule I and the ‘Said Plot’ described in Schedule II hereby conveyed is free from encumbrances and/or defect in title. If any time any defect is found in the title of the Vendor to the ‘said plot’ hereby conveyed, the Vendor shall at the cost and expense of the Purchaser remedy the said defect and do all that is required for rectifying the said defect. The Vendor hereby indemnifies and keep the Purchaser indemnified for the title of the ‘said plot’ described II.
3. The Vendor shall at all times at the cost and expense of the Purchaser do all that is required for better assuring and/or conveying the title of the ‘said plot’ described in Schedule II hereby conveyed in favour of the Purchaser.”In any Sale Deed or Agreement of Sale the clauses make the Vendors liable to cure the defect in title at the cost of the vendors. The above clause clearly establishes that the Vendors Dempo Properties & Investment Pvt Ltd and Alcon Developers are aware that they are not owners of the property under cadastral No 300 and others, which they have been trying fraudulently to sell and as such have insulated themselves from any liability to the Purchasers, which amounts to fraud and cheating.My client states earlier hired goons damaged my clients house and the car, and criminal case No 110/12 has been filed against them.For the last two months four middle class families have approached my clients to rectify the agreement of sale because no banks are willing to sanction loans because the bank lawyers have arrived to the conclusion that the said vendors M/s Dempo Properties & Investment Pvt Ltd and M/s Alcon Developers have no title to sell the property of my client’s family, one of the Purchasers approached my clients pleaded to help them to rectify the Deed of Sale.On 03/12/2017 my clients house was attacked by goons threatening that in case the sale deed is rectified my client would face dire consequences.An FIR has been lodged on 03/12/2017 with the Agacasim Police Station.
This incident is only the tip of the iceberg.My client is in receipt of legal opinion given to one purchaser by Advocate P. Vani from Maharashtra confirming the title search report that M/s Dempo’s are not owners of the property and have no title to the said land and that the property belongs to my client and his legal heirs.My clients are contemplating necessary legal proceedings civil and criminal against the fraudsters.My client therefore gives this public notice that the public are made known that the property does not belong to the Dempo Properties & Investment Pvt Ltd or Alcon Developers or Vagle Estates or Nazareth Sequeira, Mr Albin Gomes and anyone dealing with these persons shall do so at their own risk and expenses.