ANTONIO S C PEREIRA Vs. RICARDINA NORONHA

JUDGEMENT

(1.) Leave granted.

(2.) Jose Joaquim de Noronha was the Count of Mayem. He was married to one Filomena Correia Noronha. They had six children (two sons and four daughters). Jose Joaquim had grandchildren through his son Dr. Francis Antonio, who was married to Racardina. Filomena died in 1903. On her death, in the inventory, half of the estate was allotted to Dom Jose Joaquim de Noronha and the other half to their children. On or about 17/18.04.1929, Dom Jose Joaquim de Noronha bequeathed his disposable quota of properties allotted to him in the inventory upon the death of Filomena. He died on 20.04.1929. Upon his death, his disposable quota of properties was purportedly described as southern lot. Allegedly, the terms of the Will were later altered on 20.06.1930. The legality of such a course of action, however, is in dispute.

(3.) On or about 24.12.1964, the Goa Administration Evacuee Property Act, 1964 (for short, the Act) and the Rules framed thereunder came into force. Sub-sections (1, (2) and (3) of Section 15 of the Act, which are relevant for our purpose read as under :