The court emphasized the jurisdiction of the Inventory Court to examine the validity of a Will and the need to consider objections to the Will's validity in accordance with the provisions of the Portuguese Civil Code.

F.M. Reis, J.

1. Heard Mr. I. Agha, learned counsel appearing for the appellants and Mr. V. Menezes, learned counsel appearing for the respondent.

2. Admit. Heard forthwith with the consent of the learned counsel.

3. The learned counsel appearing for the respondent waives service.

4. The above appeal challenges an order dated 18.06.2008 whereby the objections raised by the appellants to the validity of the Will dated 18.09.1991 came to be dismissed.

5. Mr. Agha, learned counsel appearing for the appellants in support of his submissions has pointed out that the Will executed by the surviving spouse of a specific properties is a nullity in terms of Article 2177 of the Portuguese Civil Code. The learned counsel further pointed out that the said surviving spouse had bequeathed specific properties of the couple when such properties were not allotted to her. The learned counsel further pointed out that in terms of Article 2177 of the Portuguese Civil Code, such Will is a nullity and consequently the learned Judge was not justified to pass the impugned order and come to the concussion that it lacks jurisdiction to examine the said aspect. The learned counsel further pointed out that the objections were raised to the production of the Will by the Cabeca de Casal and as such the learned Judge has erroneously rejected the objections without examining that the Will produced by the Cabeca de Casal was in fact a nullity. The learned counsel further pointed out that the properties bequeathed by the Will are otherwise part of the inheritance of the deceased and belonging to the couple and as such the impugned order passed by the learned Judge deserves to be quashed and set aside.

6. On the other hand, Mr. V. Menezes, learned counsel appearing for the respondent has pointed out that the stage to examine the validity or otherwise of the Will has not yet reached and consequently the examination of the validity of the Will is itself prematured. The learned counsel further pointed out that on perusal of the Will what has been bequeathed are different shares in the properties and as such according to him the values of such shares would have to be examined to ascertain whether they fit into the disposal quota of the testator. The learned counsel further pointed out that even otherwise even assuming the specific properties mentioned in the Will could not have been bequeathed nevertheless, the intention of the testator would have to be ascertained to find out whether it could be read down to be the disposal quota of the testator. The learned counsel further pointed out that as the learned Trial Judge has not examined the matter in the said direction, it would be appropriate to call upon the learned Judge to examine the objections raised by the appellants afresh.

7. I have carefully considered the submissions of the learned counsel and I have also gone through the records. The findings of the learned Judge that the Inventory Court has no jurisdiction to examine the validity or otherwise of the Will produced in such proceedings cannot be accepted. When a party desires that he be qualified as a legatee of the deceased in terms of Article 1375 of the Portuguese Civil Procedure Code, he is always entitled to file an application along with the evidence he wants to rely upon to establish such aspect. In case of dispute, the procedure provided in Article 1374 of the Portuguese Civil Procedure Code would have to be followed. Even in case such dispute has not been decided, even when the chart of partition is being finalized, if any dispute with that regard is raised in view of any Will executed by the deceased such question can also be decided in terms of Article 1414 of the Portuguese Civil Procedure Code. When larger investigation is required to decide the dispute, the parties can be permitted to pursue ordinary remedies. These provisions itself disclose that the findings of the learned Judge in the impugned order that this dispute cannot be decided by the