Advocates:
['ADV THALMANN PRADEEP PEREIRA', 'ADV ASHWIN D BHOBE', '', '', 'ADV NITIN SARDESSAI RES NO &']

AO67/13

… 1 …

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 67 OF 2013

1.

Mrs. Lisa Rodrigues e Mendonca,

Daughter of late Mr Macario

Rodrigues,

And Wife of Mr. Valerian Mendonca,

Aged 44 years, Occupation Housewife,

Resident of S-3, Eden Garden,

Opposite Salkar Residency,

Behind Vidya Mandir School,

Adarsh Nagar, Chicalim,

Goa-403 711.

2.

Mr. Valerian Mendonca,

Son of Mr. Gabriel Mendonca,

Age 46 years, Occupation Service,

Resident of S-3, Eden Garden,

Opposite Salkar Residency,

Behind Vidya Mandir School,

Adarsh Nagar, Chicalim,

Goa – 403 711.

..

Appellants.

Versus

1.

Mr. Eugenio Rodrigues,

Son of late Mr. Macario Rodrigues,

Occupation landlord, Age 43 years,

Resident of Sea Breeze Garden,

SNS Developers,

2^nd ward, Colva, Salcete, Goa.

2.

Mrs Sarita Rodrigues,

Wife of Mr. Eugenio Rodrigues,

Major in age, Occupation Advocate,

Resident of Sea Breeze Garden,

SNS Developers, 2^nd ward,

Colva, Salcete, Goa.

3.

Mrs. Mena S. Rodrigues e Quadros,

Daughter of late Mr. Macario

Rodrigues, And Wife of Mr. Neves

Quadros, Occupation teacher,

Age 45 years, Resident of House

AO67/13

… 2 …

No.119, Amboi, St. Mathias,

P.O. Piedade, Ilhas, Goa-403403.

4.

Mr. Neves Quadros,

Son of Nelson Quadros,

Occupation Service, Age 49

years, Resident of House No.119,

Amboi, St. Mathias,

P. O. Piedade, Ilhas- Goa- 403403.

…. Respondents.

Mr. Thalmann Pradeep Pereira, Advocate for the appellants.

Mr. Nitin Sardessai, Advocate for respondents no. 1 and 2.

Mr. R. Gawas, Advocate for respondents no. 3 and 4.

CORAM :- U. V. BAKRE, J.

Reserved on : 21

^st February, 2014.

Pronounced on : 11

^th March, 2014

JUDGMENT :

Heard Mr. Pereira, learned Counsel appearing on

behalf of the appellants and Mr. Sardessai, learned Counsel

appearing on behalf of respondents no. 1 and 2.

2.

Admit.

3.

Heard forthwith by consent of the learned Counsel for

the parties.

AO67/13

… 3 …

4.

By this appeal, the appellants take exception to the

order dated 24/07/2013 passed by the learned Civil Judge, Senior

Division at Vasco-da-Gama ('trial Court'), on the objections dated

27/07/2012 filed by the respondents no 1 and 2 herein, in Special

Inventory Proceedings No. 11/2011/A.

5.

Respondent no. 3 initiated the said Inventory

Proceedings No.11/2011/A on account of the death of her parents

namely Mr. Macario Rodrigues, who expired on 15/03/2009 and

Mrs. Yolanda D'Silva Rodrigues, who expired on 08/03/2010. By

order dated 13/01/2012, the said respondent no. 3 was appointed

as Cabeca da Casal and she filed the list of assets dated

06/06/2012. Respondents no.1 and 2 filed their objections to the

said list of assets thereby praying to exclude the properties since

they are either gifted by means of gift deeds or bequeathed by

means of Wills by the deceased Estate leavers, free of collation.

Mainly, they objected on the following grounds:

(i) The assets are not listed as per requirements of the

provisions of law;

(ii) The properties listed are not indicated with reference to

all the particulars such as boundaries, nature of properties,

land registration numbers, land revenue(matriz) numbers,

AO67/13

… 4 …

flat/house house numbers, area and other details as are

necessary so as to adequately identify the same;

(iii) The list of assets does not mention the improvements

belonging to the inheritance (if any) and improvements

made by third party;

(iv) The list does not include the expenses incurred by the

interested party Shri Eugenio Rodrigues: (a) towards the

maintenance and medical expenses of the deceased estate

leavers; and (b) towards litigations in respect of the

properties of the estate leavers;

(v)

List of assets is not supported with the documents

pertaining to the properties listed therein;

(vi)

The list does not mention the future paternal and

maternal legitime given to the interested party Mrs. Meena

S. Quadros and Mrs Lisa Rodrigues Mendonca