Case Note & Summary
The appeal was filed against an order dated 31.08.2019 passed by the Inventory Court disposing of objections raised at Exhibits 46, 49, and 54 by interested parties in inventory proceedings under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The appellants, who were interested parties, contended that the Inventory Court failed to hold a summary inquiry as required under Section 400(5) of the Act before disposing of the objections. The respondents argued that inquiry is only necessary for substantial objections and that the objections were frivolous. The High Court held that Section 400(5) mandates at least a summary inquiry before disposal of objections, and since no inquiry was held, the impugned order was set aside. Additionally, the Court found that the Inventory Court's reasoning overlooked material on record and did not consider several contentions raised by the appellants. The matter was remanded to the Inventory Court for fresh consideration after holding a summary inquiry and considering all objections on merits. The appeal was allowed, and the civil application was disposed of.
Headnote
A) Succession Law - Inventory Proceedings - Summary Inquiry - Section 400(5) of The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 - The Inventory Court disposed of objections without holding any summary inquiry as mandated by Section 400(5) of the Act. The High Court held that the provision contemplates at least a summary inquiry before disposal of objections, and the impugned order was set aside on this ground alone. (Paras 4, 7) B) Succession Law - Inventory Proceedings - Consideration of Objections - Section 400(5) of The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 - The High Court noted that even otherwise, the reasoning of the Inventory Court was vulnerable as it overlooked material on record and did not consider most contentions raised by the appellants. The matter was remanded for fresh consideration after holding a summary inquiry. (Paras 5, 7)
Issue of Consideration
Whether the Inventory Court was required to hold a summary inquiry under Section 400(5) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 before disposing of objections raised by interested parties.
Final Decision
Appeal allowed. Impugned order dated 31.08.2019 set aside. Matter remanded to Inventory Court for fresh consideration after holding summary inquiry and considering all objections on merits. Civil Application disposed of.
Law Points
- Summary inquiry mandatory before disposal of objections in inventory proceedings
- Section 400(5) of Goa Succession
- Special Notaries and Inventory Proceeding Act
- 2012
- Inventory Court must consider all objections on merits
