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2021 Supreme(Bom) 676

DAMA SESHADRI NAIDU
Antonio Olavo Menino Vaz @ Olavo Vaz And Anr – Appellant
Versus
Francisco Vaz And Ors – Respondent


Advocates appeared:
C.A. Coutinho, Advocate, Menino Pereira, Advocate, M. Dsouza, Advocate

JUDGMENT

Dama Seshadri Naidu, J. - In September 2009, the appellant was appointed the head of the family, in the Inventory Proceeding involving himself and other legal heirs of the estate leavers: the parents. In August 2016, the 1st and the 2nd respondents applied to the trial Court to remove the appellant from being the head of the family.

2. In turn, the trial Court tried the issue and eventually passed the impugned order, dated 13.8.2019. It has held that the appellant incurred disqualification under section 384 of the Goa Succession Special Notaries and Inventory Proceeding Act, 2012 ("the Act"). Aggrieved, the appellant has filed this Appeal from Order.

Arguments:

Appellant:

3. Shri Coutinho, the learned counsel for the appellant, has submitted that the appellant himself is one of the co-owners, and he has every concern for the property. The allegations he has faced, according to him, are trivial. To underline his submission, the learned counsel has drawn my attention to the taxi bills.

4. Shri Coutinho has first drawn my attention to section 379 of the Act, which enumerates the rights and the obligations the head of the family has. Then, he has taken me to section 384 of the Act,

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