Back
IN THE HIGH COURT OF BOMBAY AT GOA BENCH
BHARAT P. DESHPANDE
Hilario Francis Fernandes S/o Sylvester Luis Fernandes – Appellant
Versus
Christopher Fernandes alias Christopher Alfred Fenandes – Respondent
JUDGMENT :
Bharat P. Deshpande, J.
1.Rule. Rule made returnable forthwith.
2.Heard finally with the consent of the parties.
3. The challenge in the present Petition is to the order passed by the first Appellate Court dated 27.09.2023 in Miscellaneous Civil Appeal No. 67 of 2021. By this order, the first Appellate Court quashed and set aside the order passed by the Inventory Court dated 06.12.2021 and directed to discard the additional declaration/affidavit filed by the Head of the Family [HoF] on 30.07.2019 with further direction to the HoF to give fresh declaration keeping in mind the provisions of Section 376 (3) and (4) of the Goa Succession, Special Notaries and Inventory Proceedings Act, 2012 [the Act of 2012, for short].
4. The learned Inventory Court vide order dated 06.12.2021 disposed of the Application [Exhibit-72] filed by the interested party, namely, Christopher Fernandes, who is Respondent No. 1 herein, raising objection to the additional declaration filed by the Petitioner/HoF on the precise ground that such additional declaration is not in conformity with the provisions of Section 376 of the Act of 2012 and in fact it contains pleadings as to how the Will is null and voi
The Head of Family must provide a declaration strictly in accordance with the provisions of the Goa Succession Act, separating personal objections from official duties.
The court affirmed that a decree for declaration can be granted under Section 34 of the Specific Relief Act, 1963, even without seeking further relief, recognizing the plaintiffs as legal heirs entit....
An Inventory Court lacks jurisdiction to reopen proceedings without consent when a counter-claim regarding the estate is pending, necessitating a separate suit for amendments.
The Inventory Court cannot reopen final proceedings under Section 446 without the consent of all parties; disputes must be addressed through appropriate suits as per Section 447.
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
The main legal point established in the judgment is the distinction between necessary and proper parties in a suit, and the binding nature of the relief of declaration only on the parties to the suit....
The main legal point established in the judgment is the importance of following the procedure established by law and adhering to the principles of natural justice in inventory proceedings under the G....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
