SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Bom) 1199

M.S.JAWALKAR
Jayshree N Rajebhosale @ Bimabairauji Rane – Appellant
Versus
Dildar Murarrao Nimbalkar – Respondent


Advocates appeared:
Parag Rao, Advocate, I. Agha, Advocate, Sachin Desai, Advocate, Eeshan Usapkar, Advocate, J.J. Mulgaonkar, Advocate, V. Naik, Advocate, Chirag Angle, Advocate
Final Result : Allowed

Judgement Key Points

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 de

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top