MARIA LUIZA VALENTINA PEREIRA Vs. JOSE PAULO COUTINHO

JUDGEMENT

(1.) Challenge in this appeal is to the Order dated 15.10.1999 of the learned Comarca Judge at Margao.

(2.) The short question for consideration is whether the property located at Mumbai and which is enlisted under Item No. 8 is required to be excluded or not from the Inventory Proceedings. The said issue was required to be decided by the learned Comarca Judge by virtue of Order of this Court dated 16.3.1999 in Appeal from Order No. 59/1998.

(3.) Some facts are required to be stated to dispose off this appeal. Inventory Proceedings are going on upon the death of Joaquim Mariano Pereira and his wife Claudina Lacerda Pereira who died leaving behind three daughters namely Maria Augusta Antoneita Luisa Pereira Fernandes, Virginia Pereira and Maria Luiza Valetina Pereira. Initially the said Virginia Pereira was appointed as Administrator and had listed the properties of the said inventoried/inventariados. Subsequently Maria Augusta came to be appointed as the Administrator and she chose not to include the said property under Item No. 8. It appears that the respondent No. 1 who is the son-in-law of the said Virginia Pereira raised the dispute regarding the exclusion of the said property and which dispute was required to be decided, as directed by the said order of this Court dated 16.3.1999.