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2014 Supreme(Bom) 2128

F.M.REIS
Nirmala Vassant Dessai – Appellant
Versus
Tulsi Sadananda Dessai – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Iftikhar Agha, Advocate
For the Respondent:V. Menezes, Advocate

Judgment

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 th
















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