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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
M.S. Jawalkar, J.
Jayshree N Rajebhosale @ Bimabairauji Rane - Appellant
Versus
Dildar Murarrao Nimbalkar - Respondent
Appeal From Order No. 18 of 2020
Decided On : 27-07-2021
Goa Succession Act - Inventory Proceedings - Section 451 - The court discussed the provisions of the Goa Succession Act, including Section 395, Section 52, and Section 247, and their application in determining the legal succession and appointment of an administrator. The court highlighted the importance of following the procedure established by law and the principles of natural justice in such proceedings.
Fact of the Case:
The case involved a dispute over the appointment of an administrator for the assets of a deceased individual who left no will. Various parties, including relatives and interested parties, filed applications for appointment as the head of the family/administrator of the assets.
Finding of the Court:
The court found that the appointment of the administrator was made in violation of the principles of natural justice and the procedure established by law. It held that the applications for impleadment and appointment should have been decided together, and the appointment of the administrator was illegal and erroneous.
Issues: The main issues revolved around the appointment of the administrator and the procedural irregularities in the proceedings.
Ratio Decidendi: The court emphasized the importance of following the procedure established by law and ensuring that all applications for impleadment and appointment are decided together. It also highlighted the need to adhere to the principles of natural justice in such proceedings.
Final Decision: The appeal was allowed, and the impugned order was quashed and set aside. The court directed the lower court to decide all pending applications for impleadment as a party to the inventory proceedings first and then the applications for appointment as administrator. The order was stayed for six weeks to allow the respondent to approach the Supreme Court.
Based on the provided legal document, here are the key points regarding the case:
Case Details * Court: High Court of Judicature of Bombay Bench at Goa * Judge: M.S. Jawalkar, J. * Parties: Jayshree N Rajebhosale @ Bimabairauji Rane (Appellant) vs. Dildar Murarrao Nimbalkar (Respondent) * Subject: Civil Law - Succession and Inheritance * Key Legislation: Goa Succession, Special Notaries and Inventory Proceeding Act (Sections 15, 247, 395, 451, 52) and Portuguese Civil Procedure Code (Article 1369) (!) (!) (!) (!)
Facts of the Case * The deceased, Babajirao Raujirao Rane, died without a will on 04.01.2011. His widow, Sujata Babajirao Rane, filed an application to be appointed as the head of the family/administrator (!) (!) . * Sujata was appointed and later disclosed collaterals (her sister Jayshree and step-sister Priyavranda) as interested parties in 2014 (!) . * Sujata expired on 13.11.2014 without a will. Her mother, Shailejadevi Murarrao Nimbalkar, applied to be appointed as administrator as the ascendant heir (!) . * Dildar Murarrao Nimbalkar (brother of the deceased widow) filed an application on 28.11.2014 to be impleaded as a legal representative of the deceased widow (!) (!) . * Another party, Baburao Desai, claimed to be an interested party and descendant of the deceased's first wife, challenging the inventory proceedings (!) . * Jayshree Rajebhosale (sister of the original deceased) also applied for appointment as head of the family on 10.07.2015 (!) .
Procedural Irregularities and Arguments * The Trial Court passed an order appointing Dildar Nimbalkar as the head of the family based on his reply to Baburao Desai's application (Exhibit D-49) and dismissal of Jayshree's application (Exhibit D-48) (!) (!) (!) . * The Appellant argued that Dildar was not impleaded as a party before being appointed, violating Section 395 of the Goa Succession Act (!) [
JUDGMENT
M S Jawalkar, J. - Heard Shri Parag Rao, learned Counsel for the appellant, Shri I. Agha, learned Counsel for the respondent no.1, Shri Sachin Desai with Shri Eeshan Usapkar, learned Counsel for the respondent no.2, Shri J.J. Mulgaonkar, learned Counsel for the respondent no.3 and Shri V. Naik, learned Counsel for the respondent no.4.
2. Admit. This appeal is taken up for final disposal with the consent of and at the request of the parties. Learned Counsel appearing for the respective respondents waive service.
3. Present appeal against order is filed under Section 451 of the Goa Succession, Special Notaries and Inventory Act, 2012 (for the sake of brevity 'Goa Succession Act') against the order dated 20.11.2019 in Special Inventory Proceeding No.1/2011/A passed by the Senior Civil Judge, 'A' Court Bicholim, below Exhibit D-48 & D-49.
4. Brief facts of the case are as under:
One Babajirao Raujirao Rane expired on 04.01.2011 at Belgaum without leaving any Will of disposition of his property during his life time.
5. Smt. Sujata Babajirao Rane (widow of Babajirao Rane) filed an application on 24.01.2011 under Article 1369 of the Portuguese Civil Procedure Code for inventory and declaration of administrator. It was her contention that deceased was residing with the applicant in the ancestral house at Maulingeum, Bicholim Goa. He left behind him the applicant as moiety holder and no descendants or ascendants and the collaterals, if any, were required to be ascertained. He left behind immovable property at Maulingeum - Bicholim and Porvorim and some other places which are required to be located. She, therefore, applied that she be appointed as the head of the family/administrator of the assets of the deceased.
6. On 21.02.2011, said Smt. Sujata was appointed as the head of the family, who filed her first statement as the head of the family. She submitted that deceased Babajirao left no ascendants or descendants, who can claim a share in the inheritance left by the deceased and that the collaterals, if any, are required to be ascertained by giving a specific notice in the Official Gazette and the local newspaper for information. Accordingly, Civil Judge, Senior Division, Bicholim, directed publication of inventory for appearance of interested parties.
7. Said Sujata, on 25.07.2014, gave additional statement and disclosed that in pursuance of the notices published Smt. Jayshree Nanasaheb Rajebhonsale @ Bimabai Rauji Rane, sister of deceased and Smt. Priyavranda Pratap Rao Jadhav @ Crishnabai Rauji Rane, step sister of the deceased Babajirao, are the collaterals, who have interest in the assets of inheritance left by the deceased. The said statement was accepted and proceedings were fixed for list of assets and distribution of property.
8. Said Sujata Rane expired on 13.11.2014, without any Will or bequeath. One Shailejadevi Murarrao Nimbalkar (mother of Sujata Babajirao Rane) applied on 17.12.2014 for taking her name on record being heir of Sujata and be appointed as administrator in respect of the share of deceased Sujata. It is also her contention that said Sujata has executed an amicable family settlement with the heirs of the deceased Babajirao Rane.
9. One Baburao Desai, claimed to be an interested party and legal descendant of Janakibai, first wife of Rauji Rane. It is claimed that deceased Babajirao was the son of the third wife of Rauji Rane. He claimed that the inventory no.884 of 47 is under challenge as at the relevant time the interested party was minor and it is null and void. The suit in respect thereof is pending. Said Baburao also applied for his appointment as Cabeca de Casal in the proceedings vide application dated 25.11.2014.
10. Similarly, Jayshree Nanasaheb Rajebhosale @ Bimabai Rauji Rane (sister of deceased Babaji Rauji Rane) also applied on 10.07.2015 (Exhibit D-48), as being collateral be appointed as the head of family in the proceedings.
11. One Dildar Murarrao Nimbalkar (brother of deceased Sujata Rane) also
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