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

2021 Supreme(Bom) 1108

M.S.SONAK
Mario Aleixo Guadalupe Da Costa – Appellant
Versus
Jose Aleixo Guilherme Da Costa – Respondent


Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 - Section 400, Section 400(5), Section 400(6)
Advocates appeared:
J.P. Mulgaonkar, Advocate, Rupa Banaulikar, Advocate, Sudin Usgaonkar, Advocate, Tanvi Ghanekar, Advocate

JUDGMENT

M S Sonak, J. - Heard Mr. J. P. Mulgaonkar, learned Senior Advocate with Ms. Rupa Banaulikar, learned Counsel for the appellants and Mr. Sudin Usgaonkar, learned Senior Advocate with Ms. Tanvi Ghanekar, learned Counsel for the respondents.

2. Admit. With the consent and at the request of learned Counsel for the parties, the appeal is taken up for disposal finally.

3. The appeal is directed against the order dated 31.08.2019 made by the Inventory Court on the objections raised at Exhibits 46, 49 and 54 by the interested parties. The objections so raised were objected to by the head of the family by filing replies at Exhibits 53 and 55.

4. Mr. Mulgaonkar, learned Senior Counsel submits that Section 400(5) of The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 (the said Act) contemplates holding atleast a summary inquiry before the disposal of objections. He submits that in this case objections have been disposed of by the Inventory Court, without holding any such inquiry. He, therefore, submits that the impugned order is liable to be set aside on this ground alone.

5. Mr. Mulgaonkar, in the alternative, submits that even otherwise the reasoning of the Inventor

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