EUGENIA RANA Vs. HIRABAI HIRALAL RANA

JUDGEMENT

(1.) THIS Appeal from Order takes exception to the Judgment and Order passed by the Civil Judge, Senior Division at Daman dated November 22, 1993 below objection dated 21st October, 1987 (26.10.1987) by appellant herein in Inventory Proceeding No.36/72 (Panji Court), later transferred and registered as Inventory Proceeding No.3/1991 pending in the Court of Civil Judge, Senior Division at Daman.

(2.) BRIEFLY stated one Lalchand was residing at Daman alongwith his wife Arcur. They had four sons Hargovandas, Chaganlal, Chunilal and Maganlal. The appellant, who had filed the subject objection, is the wife of Dr.Balchandra Rana-the son of Maganlal. Lalchand left behind the properties, which are situated in Daman. Lalchand also left behind registered Will dated 21st November, 1957. Lalchand died in 1959. The question as to whether each of the descendant of Lalchand would share proportionate property, will be relevant in the inventory proceeding which is still pending. What is necessary for the purpose of deciding the present appeal is to straight away consider the objection taken by the appellant before the lower court.

(3.) HAVING considered the rival submissions and going through the relevant provisions of the Family Laws of Goa, Daman and Diu, we will have to straight away advert to the provisions contained in Article 18 below Title II which reads thus:-