G RAMA RAO Vs. JOSEPH DE SOUZA

JUDGEMENT

(1.) THIS is an Appeal from the Order dated 23rd February, 2000 passed by the Court of Comarca Judge of Salcete and Quepem at Margao , directing the Appellant Shri . Rama Rao , partner in the firm of M/s. Veena Automobile Service Station wherein the deceased Joseph Wilfred D'Souza was a partner, to deposit a sum of Rs.2,10,000/ being the share of the said deceased partner in the amount received on surrendering of leasehold premises in Bombay in the said Court on or before 23.03.2000.

(2.) THE brief facts of the case are that Inventory proceedings were instituted by the Respondent herein Mr. Joseph D'Souza , on 25.11.99 claiming right in inheritance of the deceased said Joseph Wilfred D'Souza . The said Joseph D'Souza who expired on 11.01.1999, was a bachelor and did not have any ascendants or descendants, but the other interested parties who have been mentioned in the Inventory Application dated 25.11.1999. The Respondent No.1 claims right to the estate as nephew of the deceased. Notices were issued to the interested parties. Notices were also sent to the Executor of the Will Shri . J.V.T. Cabral and also to one Shri . G. Rama Rao , Managing Partner of the firm, M/s. Veena Automobile Service Station (Appellant herein). The Respondent No.1 filed a list of assets of the deceased in these proceedings. The Executor Shri . J.V.T. Cabral opposed the Inventory Application, on the ground that the Court had no jurisdiction to entertain the application of Inventory proceedings. It was contended that under Article 2009 of Portuguese C.P.C. the inheritance opens on the death of the estate leaver and the place of opening of the inheritance shall be established in the following manner: If the deceased had domicile, inheritance opens at that place of domicile. In the absence of domicile, inheritance opens at the place where the deceased has immovable property. If the deceased has immovable properties at different places, inheritance opens where the greater part of such property is found, such part being calculated on the basis of the respective land revenue. Where the deceased does not have domicile nor immovable properties at any place, inheritance opens at the place where he dies.

(3.) ARGUMENTS were advanced on behalf of the other interested party Jude D'Souza . It was argued that the Executor of the Will Shri . Cabral is not an interested party to the Inventory proceedings and, therefore, he had no locus standi . Learned Comarca judge upheld Jude's contention that Shri . Cabral had no locus standi to take part in the Inventory proceedings and his only duty was to execute the Will and therefore he could not attack the jurisdiction of the Court.