RICARDO AGNELO TEIXEIRA AND 6 ORS. vs RAJESH VISHRAM SAWAL AND 9 ORS.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Bom) 24906

Jose IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO.16 OF 2020 (1) Ricardo Agnelo Teixeira (since deceased)
de Almeida Queiroz, 69 years and his wife
1A. Wendy Regina Queiroz, aged 17 Years, [Amended vide daughter of late Ricardo Agnelo Teixeira de order dt.03.02.21]
Almeida Queiroz, Through her next friend, Vivian Gladys Mendonca, residing at H.No. B-6 F-1, Sapana Park, Ponda-Goa (2) Vivian Gladys Mendonca Queiroz both r/o H.No. B-6 F-1, Sapana Park, Ponda Goa (3) Maria Gema Teixeira de Ameida Queiroz & husband Macario Dias (both deceased)
3(a) Amy Rosario Wilma Sophia Dias Resident of H.N. 320 1st Arvale, Near Cross Junction, Cortalim, Goa Through P.O.A. Mr Clevie Fernandes r/o H.No. 847/C, Santemol, Raia, Goa.
(4) Miguel Mateus Gonsalves (since deceased)
through his legal representatives
4(a) Anastasia Fernandes and her husband
4(b) Anthony Fernandes, both 4(a) & (b)
r/o Flat G-2, B-Wing, Agnelo Colony Kerant, Caranzalem, Goa
4(c) Camilo Gonsalves and his wife
4(d) Jonita Gonsalves, both 4(c) & (d)
r/o H. No.326, Fonvem, Ribandar, Goa Appellant No. 4(c) and 4(d) represented through P.O.A. Mr. Clevie Fernandes, r/o H.No. 847/C, Santemol, Raia, Goa.
4(e) Bernatte Silva r/o 167 Firguem Bhat, Goa Velha Tiswadi, Goa
4(f) Tomás Silva (since deceased) through their legal representatives
4(f)(i) Rossya Silva, r/o 167 Firguem Bhat, Goa Velha, Tiswadi, Goa
4(f)(ii) Agnelo Silva, r/o 167 Firguem Bhat Goa Velha Tiswadi, Goa
4(f)(iii) Ditosa Fernandes and her husband
4(f)(iv) Adelino Fernandes both 4(f)(iii) & (iv) residing Opp.
La Paz Hotel, Vasco da Gama, Goa
5. Francisco Xavier Filomena Teixeira de Almeida Queiroz (since deceased)
through legal representatives
5(a) Colin Peter Wilson Queiroz and his wife
5(b) Swati Colin Queiroz, both 5(a) & (b)
r/o H. N. 207/9 Plot No.2-B, Housing Board Colony, Altinho Mapuca Bardez, Goa
5(c) Monte Celsa Queiroz e Soares and her husband
5(d) Ashley Peter Francis Soares, both 5(c) & (d) r/o H.No.207/9 Plot No.2-B, Housing Board Colony, Altinho Mapuca Bardez, Goa.
6. Laetitia Leny Saldanha wife of Francisco Xavier Filomena Teixeira de Almeida Queiroz, r/o H.N.207/9 Plot No. 2-B, Housing Board Colony, Altinho Mapuca Bardez, Goa
7. Emilia Teixeira Almeida Queiroz and husbandf Mathew Fernandes (both deceased) through their legal representatives
7(a) Richard Dennis Fernandes
7(b) Sandra Mesella Fernandes and her husband
7(c) Vinod Ankush Gaude, Appellants 7(a)(b) & (c) r/o 163, Near Basilica de Bom Jesus Ella, Old Goa 403402 Appellant 7(c) through P.O.A. Mr. Xavier Alvito Peter Fialho, H.No. 136, Near Canara Bank, Old Goa. ... Appellants.
Versus
1. Rajesh Vishram Sawal son of Vishram Sawal resident of H.N. 1312, Virdi Sanquelim, Bicholim
2. Eça Patrício Bernardino Teixeira de Almeida Queiroz, (since deceased)
through his legal representatives
2(a) Richard Francis de Almeida Queiroz
2(b) Seby Teixeira de Almeida Queiroz both 2(a) & 2(b) r/o H.No. 163/C, Near Basilica de Bom Jesus, Ella, Old Goa
2(c) Anita Teixeira de Almeida Queiroz and her husband
2(d) Bento Joachim D’Souza Both resident Opp. Borkar General Stores, Dr. Manuel Sequeira Marg, Britona Bardez, Goa
3. Terezinha Martins e Queiroz, r/o H.No. 163/C Near Basilica Bom Jesus Ella, Old Goa, Ilhas Goa
4. Luis João Eusébio Teixeira de Almeida Queiroz and his wife
5. Cynthia Angela Teixeira de Almeida Queiroz both r/o H.No. 163/C Near Basílica Bom Jesus Ella, Old Goa
6. Mário Martinho Teixeira de Almeida Queiroz r/0 H.No. 163/B Near Basilica Bom Jesus Ella, Old Goa
7. Annie Queiroz r/o H.No. 163/B Near Basilica Bom Jesus Ella, Old Goa
8(a) Malcom Teixeira de Almeida Queiroz and his wife
8(b) Annu Mathew Queiroz both r/o H. No. 163/B Basilica Bom Jesus Ella, old Goa
9. Antonio Santa Cruz Teixeira de Almeida Queiroz (since deceased)
through his legal representatives
9(a). Edwin Teixeira de Almeida Queiroz
9(b). Valankany Teixeira de Almeida Queiroz both Respondents 9(a) & 9(b)
r/o Bldg. No. A-F103, Dhanlaxmi Nagar Co-Operative Society Ltd.
Bhatlem, Panaji-Goa
10. Maria Gema Ivone Souza, r/o Bldg. No. A-F103 Dhanlaxmi Nagar Co-operative Society Ltd, ... Respondents.
Bhatlem, Panaji, Goa.
Mr M.B. D’Costa, Senior Advocate with Mr Abbasi Rehan Ahmad Nafees, Advocate for the Appellants.
Mr S.D. Lotlikar, Senior Advocate with Mr Terence Sequeira, Advocate for Respondent No.1.
Mr Pranav Suryaji Shenvi Kakodkar, Advocate for Respondent Nos.2(a) to 2(d), 3 to 7, 8(a) & 8(b).
CORAM: BHARAT P. DESHPANDE, J.
RESERVED ON: 15 June, 2023 PRONOUNCED ON: 20 June, 2023

JUDGMENT:

This is an appeal filed under Section 451(2) of Goa Succession, Special Notaries and Inventory Act, 2012, thereby challenging the impugned order dated 26.11.2019 passed by learned Trial Court in Inventory Proceedings No.39/2006. By the impugned order, learned Trial Court allowed the application for review of it’s earlier order dated 07.06.2018 filed by the Third Party/Interested Party/Respondent No.1 herein and allowed the application for intervention.

2. In nutshell, the facts leading to the present impugned order are as under.

3. After the death of Nicolau Rodrigues and his wife Amalia Fernandes, Inventory Proceedings were instituted by the legal heirs which was registered as Inventory Proceedings No.39/2006. During such Inventory Proceedings, it was observed that some of the heirs sold a specific share in the property left byNicolau Rodrigues and his wife Amalia, to a stranger by name Rajesh Sawal/Respondent No.1 herein. Entire property of the deceased couple is admeasuring 3525 sq. mts. and surveyed under Survey No.153/2 of Ela Village, which is one of the estates as described in the List of Assets submitted in the Inventory Proceedings. A Rectification Deed was also executed thereby adding Clause 13(a) in the original Sale Deed which shows that undivided right equivalent to 670 sq. mts. in the property described in Schedule I of the Sale Deed, which is to the extent of 19% of the property admeasuring 3525 sq. mts., was sold to Respondent No.1.

4. The Appellant Nos.1 and 2 filed a Special Civil Suit No.55/2013 in Panaji Court seeking declaration that the Sale Deed is null and void since by the Sale Deed, some of the heirs sold a specific portion without partition and that the Appellants are having a pre-emption right. Similarly, the Appellants also filed an application in the Inventory Proceedings under Article 1376 of the Portuguese Civil Code claiming right of pre-emption. In the said application, Respondent No.1/Purchaser was served with the notice of the Inventory Court, who then filed reply. Vide order dated 25.09.2014, the inventory Court disposed of the application filed by the Appellants for pre-emption and removal of the Head of the Family thereby specifically directing that the Interested Party to lead evidence or inquiry of pre-

emption with liberty to Rajesh Sawal/Respondent No.1 and other Interested party to lead evidence to contrary.

5. It so happened that on 15.02.2018, Respondent No.1 filed an intervention application stating that he be joined as an interested party as application has been filed for auctioning of the property. Reply was filed by the Head of the Family. In the meantime, another application for claiming pre-emption under the Act of 2012 was filed. On 07.06.2018, Inventory Court dismissed the application for intervention filed by Respondent No.1. Thereafter, review application was filed by Respondent No.1 contending therein that there is error on the face of the record since by order dated 25.09.2014, the Inventory Court has already ordered an inquiry into the issue of pre-emption and notice was issued to the purchaser/Respondent No.1 to participate. This application was allowed by the learned Inventory Court by the impugned order, which is assailed in the present appeal mainly on the ground that there is no power of review available with the Inventory Court under the Act of 2012.

6. Heard the learned Senior Counsel Mr M.B. D’Costa along with Mr Abbasi Rehan Ahmad Nafees for the Appellants, learned Senior Counsel Mr S.D. Lotlikar along with Mr Terence Sequeira for Respondent No.1 and learned Advocate Mr Pranav Suryaji Shenvi Kakodkar for Respondent Nos.2(a) to 2(d), 3 to 7, 8(a) & 8(b).

7. It is the contention of the learned Senior Counsel Mr D’Costa that first of all, the legal heir is not entitled to sell a specific portion of undivided property, and therefore, such sale deed is null and void. He then submitted that Appellants have raised the claim of pre-emption and that the Inventory Co

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