IMPORTANT POINT
A daughter, married or unmarried, would have a right of succession in the properties of the parents including the lease.

JUDGMENT

M.R. Shah, J.

Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.05.2016 passed by the High Court of Judicature at Bombay, Bench at Goa in Appeal from Order No. 39/2015, by which the High Court has dismissed the said Appeal from Order and has confirmed the order dated 02.06.2015 passed by the learned IIIrd Additional Adhoc Senior Civil Judge, Margao in the Inventory Proceedings by the original Inveterate and other parties, the original appellants before the High Court have preferred the present appeal.

3. The facts leading to the present appeal in nutshell are as under:

At the outset it is required to be noted that the lease premises' was of a partnership firm in the name and style "Ramnath Anant Kesarkar" at Margao. That appellant no. 1 and respondent nos. 1 & 3 herein are the sisters and brother. The parents of the parties (appellant no. 1 and respondent nos. 1 & 3 herein), namely, Late Sadanand V. Marathe and his wife Late Nirmalabai S. Marathe succeeded to the lease premises in terms of Deed of Partition dated 29.03.1976, registered in the office of the Sub-Registrar of Salcete at Margao, Goa. The said premises was of a partnership firm in the name and style "Ramnath Anant Kesarkar" having business carried out in the tenanted premises belonging to one Jairam Vasant Katkar at Margao. That the father Sadanand V. Marathe died on 12.05.1985. That the mother Niarmalabai S. Marathe died on 05.05.1998. Thus, the parents of the parties i.e., Late Sadanand V. Marathe and his wife Late Niarmalabai S. Marathe since deceased passed away on 12.05.1985 and 05.05.1998 respectively. That after the demiseof the parents, respondent no. 1 - brother of appellant no. 1 and son of Late Sadanand V.Marathe and Late Nirmalabai S. Marathe filed Regular Inventory Proceedings No. 11/2013/C dated 08.11.2013. That the Court appointed respondent no.1 as the head of the family/Cabeca de Casal to administer the estate left by the deceased, during the pendency of the said proceedings and also appointed a court valuer for valuing and determining the extent of properties stated in the inventory proceedings. The valuer appointed by the court submitted its report to the court on 30.04.2014. The appellants herein filed objections to the valuation report, inter alia, pointing out that there are certain infirmities regarding the enlisted plots, survey nos. and also ambiguous narration of the area and the amended list of assets. As a result of the said objections, respondent no. 1 filed a revised list of assets in the inventory proceedings on 16.10.2014. The appellants herein filed their objections/reply to the revised list of assets. The main objection on behalf of the appellants was non-inclusion of the 'lease premises' in the inventory proceedings/list of assets. Respondent no. 1 filed reply to the objections of the appellants. It was submitted on behalf of respondent no. 1 that the partnership firm does not form part of the estate of thedeceased as married daughters are not entitled to the tenanted premises.

3.1 That by order dated 02.06.2015, the learned Civil Judge at Margao (hereinafter referred to as the 'Inventory Court') dismissed the objections of the appellants for correcting the area of the said property and also denied enlisting of the said tenanted premises to the estate of the deceased.

3.2 Aggrieved with the order passed by the learned Inventory Court dated 02.06.2015, the appellants filed an appeal before the High Court being Appeal from Order No. 39/2015. That by the impugned judgment and order, the High Court of Bombay at Goa has dismissed the appeal preferred by the appellants. From the impugned judgment and order passed by the High Court, it appears that the High Court has mainly relied upon Section 2(o) of the Goa Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as the 'Goa Rent Act'), and relying upon the aforesaid provision of the Goa Rent Act, the