SILVESTRE DE SOUZA Vs. VENTURA DE SOUZA

JUDGEMENT

(1.) HEARD learned Counsel for both the parties. Rule. Rule made returnable forthwith.

(2.) THE present appellants have preferred this appeal against the order passed by the Civil Judge, Sr. Division, Panaji, dismissing the application at Exhibit 21 to appoint him as Head of the Family and appointing the respondent, who is the widow of the son of the deceased, as head of the family in Inventory Proceeding No. 47/2001.

(3.) IN the course of arguments and on perusing the order passed by the lower Court, it appears that the legal position that under Article 2068 the Administrator has to be appointed as per the provision made therein taking into account the existence of surviving sons of the deceased. In the present case, what appears to have been done is that the claim of the surviving son is discarded, without giving any reasons or without considering the evidential aspect while appointing the widow of another son. In my view, it is clearly in contravention of Article 2068 of the Family Laws of Goa, Daman and Diu. Hence, we have no option but to remand the matter for fresh adjudication with time limit.