Writ Petition No. 687 of 2015. Case: Tomas Shamson De Souza Vs Nelly D'Souza and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 687 of 2015 |
| Counsel | For Appellant: S.D. Lotlikar, Senior Advocate and J. Simoes, Advocate and For Respondents: Nitin Sardessai, Senior Advocate and G. Kakodkar, Advocate |
| Judges | S. B. Shukre, J. |
| Issue | Constitution of India - Article 227 |
| Judgement Date | February 12, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
S. B. Shukre, J.
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Heard.
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Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.
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This petition challenges the legality and correctness of the judgment and order dated 04/03/2015 passed by District Judge-3, South Goa at Margao, in Miscellaneous Civil Appeal No. 80/2013.
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The facts relevant for the purpose of the present petition are stated in brief as under:
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The respondent no.1 is a daughter-in-law of Joaquim Santana D'Souza, who died on 31/10/2008 at Patnem, Collem, Canacona, Goa. As he left behind an estate, the respondent no.1 as well as other legal heirs including husband of respondent no.1, the petitioner herein, were desirous of having the estate left behind by the deceased partitioned amongst the heirs. Respondent no.1, therefore, filed an application before Civil Judge, Junior Division at Canacona for initiation of Inventory Proceedings which came to be registered as Inventory Proceedings No. 18/2010. In these proceedings, widow of the deceased Joaquim Santan D'Souza, respondent no.8 herein, was appointed as Cabeca de Casal or Administrator and was administered an oath by the Inventory Court.
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Respondent no.8 described the assets by giving a statement on oath and filed list of six assets in which first two items were debts and the third item was a gun, a firearm and items nos.4, 5 and 6 consisted of landed properties.
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On behalf of the respondent no.1, objections were raised to the list of assets filed by the Cabeca de Casal on 09/12/2011. Items at serial nos.1 and 2, in the nature of debts, were disputed and in respect of item no.3, it was pointed out to the Court that the gun already stood transferred in the name of the petitioner. It was further submitted that items nos.4, 5, and 6, the immovable properties, were not properly valued. It was also urged that there were three structures belonging to the deceased, assessed to house tax by the Canacona Municipal Council, Canacona and not listed in the list of properties, which were required to be incorporated in the list. According to petitioner, respondent no. 8 i.e. Cabeca de Casal did not dispute that these three structures were assessed to house tax in the name of deceased Joaquim Santan D'Souza by the Canacona Municipal Council. After an enquiry was conducted by the Inventory Court, the Inventory Court by its order dated 24/07/2013 partly allowed these objections of the respondent no.1 and directed the respondent no.8 to give correct market value of the items nos.4, 5 and 6 and also to include the three structures assessed to Municipal tax in the list of assets. It...
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