Advocates:
['ADV RAVI GAWAS', '', 'ADV BHARGAV M KHANDEPARKAR', 'ADV JOAQUIM GODINHO']

1

WP744/15

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.744 of 2015

1.

Mr. Inacio Lobo,

son of Late Mr. Thomas Lobo

unemployed, Indian National,

Major in age, resident of

H.No.609, Gallio, Pazentar,

Cortalim, Mormugao, Goa

2.

Mrs. Santan Maria Monteiro,

w/o Mr. Inacio Lobo,

Housewife, Indian National,

Major in age, resident of

H.No.609, Gallio, Pazentar,

Cortalim, Mormugao, Goa.

3.

Mr. Santan Francisco Lobo,

son of Late Mr. Thomas Lobo

Indian National, Major in age,

residing opposite Toyota

Showroom, Kesarval, Cortalim,

Mormugao, Goa.

4.

Mrs. Regina Vaz,

w/o Mr. Santan Franisco Lobo,

Indian National, Major in age,

residing opposite Toyota

Showroom, Kesarval, Cortalim,

Mormugao, Goa.

.. Petitioners

V/s.

1.

Mrs. Marina Lobo,

w/o Mr. Francis Dias,

Indian National, major in

age, resident of H.No.608/3,

Pazentar, Cortalim,

Mormugao, Goa.

2.

Mr. Francis Dias,

Indian National, major in age,

resident of H.No.608/3,

Pazentar, Cortalim,

Mormugao, Goa

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WP744/15

(Deleted as per order

dated 24-11-15 r/w order

dated 15-1-15)

.. Respondents

Mr. Bhargav Khandeparkar, Advocate for the

petitioners.

Mr. J. Godinho, Advocate for the respondent no.1.

CORAM :- C. V. BHADANG, J.

DATE :- 8 ^th August, 2016

ORAL JUDGMENT :

By this petition, the petitioners, who are

interested party nos.3(a), 3(b), 4(a) and 4(b) are

challenging the order dated 14/08/2015 passed by the

Inventory Court, in Regular Inventory Proceedings

No.6/2015/C. These Inventory Proceedings have been

initiated by the first respondent herein, upon the

death of Mr. Thomas Filipe Conceicao Lobo alias Filipe

Conceicao Lobo alias Tomas Filipe Conceicao Lobo.

2.

The petitioners filed their reply-cum-objection

(Exh.8). It was denied that Isabela Lobo and her

husband, Mr. Manuel Pereira and their daughter 1(a)(i)

Marina Lobo and her husband 1(a)(ii) Francis Dias, are

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WP744/15

the legal heirs of the deceased Estate Leaver. It was

also denied that the first respondent is the daughter

of Isabela Lobo. It was next contended that Thomas

Lobo died on 02/10/1996 leaving behind only his wife

and the interested party nos.2(a) and 2(b), 3(a) and

3(b) and 4(a) and 4(b) as sole and universal heirs.

It was contended that on the death of the Estate

Leaver, a Notarised Deed was executed to that effect

under Article 179 of Law No.2049 dated 06/08/1951 and

it was subsequently published in the official gazette

on 12/04/2001. It was contended that no objections

were received by the Registrar, during the period as

prescribed under the Law, which is revealed in the

Deed of Succession. In such circumstances, it was

contended that the first respondent has no locus

standi to initiate the Inventory Proceedings as

regards the estate of the deceased Estate Leaver and

the Inventory Proceedings deserve to be dismissed at

the threshold.

The petitioners alternatively claimed that if

the Court decides to proceed with the Inventory, the

interested party no.3(a) being the eldest legal heir,

be appointed as the Cabeca de Casal.

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WP744/15

3.

The first respondent filed a rejoinder,

opposing the objection, as raised on behalf of the

petitioners.

4.

The Inventory Court has found that an enquiry

is required to be held as to whether the deceased

Isabela Lobo @ Isabel Lobo @ Izabel Lobo is/ was the

daughter of the deceased Estate Leaver. It was found

that the documents produced by the first respondent

cannot be accepted at this stage as an opportunity has

to be given to the petitioners / objectors to cross-

examine the first respondent on the same. In short,

the Inventory Court found that the objections raised

cannot be decided without such enquiry. In the

result, the objection has been negatived, directing

the first respondent to open up the enquiry on the

aforesaid point. It is this order passed on

14/08/2015, which is subject matter of challenge in

this petition.