CRIME REVIEW
Thousands of property disputes are pending before the courts and local authorities, but one of these grabbed the attention. Fight over ownership of a palatial house at Calangute spilled out from the Court to the police and then to the media. Claims of being held 'hostage’, the prevalence of a “scary and dangerous situation” in the disputed residence, and the snapping of power and water supply kept the authorities on their toes until the French occupant vacated the premises at the dead end of the night on February 2. The Goan cuts through the propaganda and extensively examines every aspect of the case.
Amid the hustle-bustle in the crowded tourist hub of Calangute, a bitter property dispute between two women of foreign-origin created quite an uneasy situation in the village.
The story revolved around the Portuguese-era property where the main character Lawyer-restaurateur Francisco Sousa's demise sparked off an ugly property dispute involving his widow, Nirmala Acharya Sousa and his close friend French actor Marianne Borgo
Francisco, father of an Indian model-cum-actress and brother of a former Director of Sports Authority of Goa, re-married a Nepali citizen close to a decade ago and was reportedly also friendly with the French actress.
Each one lived in their own space happily until Francisco succumbed during the pandemic in 2021. Here began the fight to claim ownership of the property with Nirmala asserting to be the legal owner, and Marianne arguing she made full payment to her friend towards the purchase way back in 2008.
The drama unfolded when the women blamed each other for physically taking possession of the house, while the matter is pending before the Civil Court.
After over 11 days without electricity and water, as claimed by Borgo through a series of videos circulated to the media, she vacated the property on the very day she assured the Court to leave the house within eight days.
Whose property?
Borgo, who starred in several films beginning in 1986 and served on the jury of Indian film festivals besides being awarded the Lifetime Achievement Award at the 38th Film Festival of Alexandria last year, has claimed she bought the property in 2008 and paid around £30,000 to some account. The Goan has learnt that the property was registered in Francisco’s name, however, there’s no transparency into whose account the money was transferred as the police have maintained a stoic silence on the issue and the depositor will revert "on Monday evening after the Court hearing." He has only said that she brought the property from Francisco.
She has no Deed of Sale and/or Form 1 & 14 or Indian citizenship.
Francisco’s widow, in turn, claims she is the legal custodian of the property after her husband’s death. The Nepali claims she married Francisco in 2014 and since then, the couple had owned the house key; and that house caretaker had been looking after the property for many years.
Nirmala claims to have the required property documents including electricity connection in her name.
Private guards
Marianne claimed Nirmala’s “goons” blocked the driveway, locked the gate to restrict entry to everyone including the police and her well-wishers; and even snapped electricity, water and gas connections.
In her first video circulated to the media, she claimed she is in a "scary and dangerous situation" at her residence and that "people" staking claim to her property had disconnected electricity and water connections to her home. She has been forced to live in dark.
Nirmala denied the claim of sensing goons saying she has no money to hire goons. Police claim Marianne hired four bouncers - two male and two females - and she has a maid while she remained in the house.
Complaint and counter-complaint
On 23 January, Marianne filed a police complaint against Nirmala, accusing her of hiring “goons” to forcibly evict her and that her belongings including an iPad were stolen during the alleged break-in. Nirmala’s sister was also accompanying the private security men. The CCTV footage and other evidence expose the act.
The widow also filed a counter-complaint of trespass against the actor. The North Goa police confirmed that none of the two complaints have been turned into FIRs as the Civil Suit is pending before the Court.
Questions arise why did the police not register the cases knowing it could have led to a law and order situation? A legal expert whim The Goan spoke to said that FIRs in such matters can be used by the parties to claim possession of the property.
Dismissal of petition in the HC
Shortly after the alleged break-in, Marianne filed a writ petition with the Bombay High Court at Goa seeking police protection because she was being “forcibly dispossessed” by Francisco’s widow. On January 25, the High Court dismissed her petition citing the case pending before the lower court in Mapusa.
Borgo also shared a video shot on January 31 at around 5 pm her arguing with a policeman who she had called on to protect her. She can be heard asking the policeman to allow her neighbour to get safe passage past the “goons” who can be seen allegedly blocking the gate of the disputed property with a black jeep. The policeman can be heard saying that he cannot “interfere” since the matter is sub judice.
Viral videos
Amid power and water cut, videos of happenings in the disputed residence kept doing the rounds. Marianne had some of her well-wishers visiting her with food and other needs.
In one of the videos, Marianne is seen opening the door with her maid by her side. Two lady cops, one in civil and the other in uniform, and a few more personnel visit her to provide security. The policewoman is heard saying "Madam I am your personal security."
In another video, the actress is narrating the incident stating when she was attending yoga classes in Arpora, her mobile phone had "10 messages from my neighbours and one maid" informing that some men had entered the garden and broken into the house.
"Inspite of being 75 years old... I am not afraid. I knew they were at the gate and would refuse me access, and I rang my lawyer and he said to do whatever you can and go to your house... I went through my neighbour's house, went to the field, jumped in the field, climbed the wall of the house, jumped in the garden and rushed inside the house," she is heard saying.
Reportedly the opposite party was already in the room but what happened later is known to only a few connected with the case.
She has vacated the premises citing she could not remain any longer without a proper bath and her health deteriorating due to these circumstances.
NHRC
The matter has now reached the National Human Rights Commission directing the Goa Police to act into her complaint within 8 weeks.
