RANJIT SATARDEKAR Vs. CLOTIDES FERNANDES

JUDGEMENT

(1.) Admit. By consent heard forthwith.

(2.) The short question for consideration in this appeal filed against Order dated 1-2-2006, is whether the spouse of an heir in Inventor Proceedings, has a separate and independent right to participate in licitation proceedings The said controversy is in relation to Article 1412 of the Portuguese Civil procedure Code, 1939 (Code, for short) , which when translated, reads as follows :

(3.) Some facts are required to be set out to dispose of the present appeal and to understand the controversy. Inventory proceedings under No. 310/2004/b are being held to partition the estate left by Andre andrade, and, his widow Clothi-ldes Fernandes has been appointed as an Administrator in the said Proceedings. The said Andre Andrade and clothildes Fernandes, have one son and four daughters and subsequently, the said Clothildes fernandes, has come to own 80% share in the estate of the said Andre Andrade. One of the daughters of the said deceased Andre Andrade and Clothildes Fernandes by name Vijaya andrade, was married to one Raghunath narvenkar and the said marriage came to be dissolved as a result, 20% share held by them namely the said Vijaya Andrade and raghunath Narvenkar, came to be divided equally between them. Smt. Vijaya Andrade, sold her 10% share to Shri. Joe Mathias (R-3 in inventory proceedings) by Sale Deed dated 1-7-1998, and thus stepped into the shoes of the said Smt. Vijaya Andrade, as an heir. The said Vijaya Satardekar, (R-1 in Inventory proceedings) along with Shri. Sadiq Shaikh (R-4) , purchased the other 10% share from raghunath Narvenkar, divorced husband of smt. Vijaya Andrade, vide Sale Deed dated 8-1-1991 and thus stepped into the shoes of the said Raghunath Narvenkar.