Goa cafe row: Deceased licencee’s kin say it is completely their enterprise

A Portuguese period regulation, which transfers the property possession rights of a person to his spouse after his dying, has been cited in defence by the house owners of a restaurant in Assagao village in North Goa, which the Congress claimed was linked to Union minister Smriti Irani’s daughter.

IMAGE: Youth Congress employees protest in entrance of Foolish Souls Cafe in Goa, which, they declare, is linked to Union minister Smriti Irani. {Photograph}: Courtesy @IYCGoa/Twitter

An activist-lawyer had filed a grievance, through which he alleged that the licence to run the upmarket restaurant — ‘Foolish Souls Cafe and Bar’ — was obtained ‘illegally’ and that it was renewed this 12 months within the identify of an individual who died in 2021.

The Congress had final week alleged Irani’s daughter was linked to the property, a cost rejected by the minister.

 

In the course of the first listening to within the case carried out by state Excise Commissioner Narayan Gad on Friday, the relations of Anthony DGama, in whose identify the licence for the restaurant was issued, informed the authorities that it’s completely their enterprise and no different particular person is concerned in it.

Speaking to reporters after the listening to, advocate Benny Nazareth, who represents the DGama household, mentioned the Portuguese Civil Code mandates that when a partner dies, his or her powers are transferred to the companion.

He mentioned that the appliance for renewal of the licence was achieved by the relations after the dying of Anthony.

The Portuguese Civil Code continues to be in power in Goa.

Social activist and lawyer Aires Rodrigues, who’s the complainant within the case, had identified to the excise commissioner that the renewal of licence was sought on behalf of Anthony, greater than a 12 months after his dying.

Anthony DGama’s son Dean was current through the listening to of the case.

The lawyer representing the DGama household mentioned that as per the Portuguese Civil Code, the possession of the property is collectively achieved within the identify of husband and spouse.

“However when the husband dies, the facility is robotically transferred to the partner. So nothing truly must be achieved additional,” he added.

In the meantime, Merlyn, the spouse of late DGama, in her written submission dismissed all of the allegations made by Rodrigues in his grievance earlier than the excise commissioner.

On Friday, whereas posting the following listening to within the matter for August 22, the excise commissioner had framed two points for dedication, the primary one being whether or not the excise licence was obtained on the premise of false and insufficient paperwork and thru misrepresentation of details, whereas the second is whether or not there have been any procedural irregularities on the a part of the excise officers.

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