LIZETTE BARBOSA Vs. HUDERT BRAGANZA

JUDGEMENT

(1.) Heard Advocate for the appellants. None appears for the respondent though served.

(2.) This appeal is preferred against the order passed by Comarca Judge of Salcete and Quepem at Margao in Inventory Proceedings No. 82 of 1993, wherein it was directed that the interested parties i. e. the present appellants, were disinherited/lose the benefit of the Inventory Proceedings no. 82 of 1993, the estate of the deceased in terms of Article 2053 of the Portuguese civil Code.

(3.) The learned Counsel for the appellants submitted that the provision of Article 2053 is not at all applicable, as they are not head of the families and, therefore, such order cannot be passed against them and they cannot be disinherited in any manner under the said provision. The learned Counsel also brought to my notice, provisions relating to disinheritance which are contained in Article 1875 to Article 1884 and it was submitted that this provision is not at all applicable to the status of the present appellants and, therefore, by virtue of said provisions, they cannot be disinherited to the property.