RICARDO AGNELO TEIXEIRA Vs. RAJESH VISHRAM SAWAL

JUDGEMENT

(1.) This is an appeal filed under Sec. 451(2) of Goa Succession, Special Notaries and Inventory Act, 2012, thereby challenging the impugned order dtd. 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 dtd. 7/6/2018 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.