Case Note & Summary
The appeal arose from an order passed by the Comarca Judge of Salcete and Quepem at Margao in Inventory Proceedings No. 82 of 1993, whereby the appellants were disinherited from the estate of the deceased under Article 2053 of the Portuguese Civil Code. The appellants, who were interested parties in the inventory proceedings, challenged the order on the ground that Article 2053 was not applicable to them as they were not heads of families. They also relied on Articles 1875 to 1884 of the Portuguese Civil Code, which govern disinheritance, and argued that those provisions did not apply to their status. The High Court, after hearing the appellants' counsel (the respondent was absent despite service), found merit in the submissions. The court observed that the Comarca Judge had committed an error in passing the order of disinheritance without proper application of the relevant legal provisions. Consequently, the High Court allowed the appeal, set aside the impugned order, and remanded the matter to the Comarca Judge for fresh adjudication in accordance with law. The court directed that both sides be given an opportunity to present their cases and that the adjudication be completed within six months from the date of receipt of the writ. No order as to costs was made.
Headnote
A) Succession Law - Disinheritance - Article 2053 of Portuguese Civil Code - Applicability - The Comarca Judge disinherited the appellants in Inventory Proceedings under Article 2053, but the provision was not applicable as the appellants were not heads of families. The High Court held that the order was erroneous and set it aside, remanding the matter for fresh adjudication after hearing both sides (Paras 2-5). B) Succession Law - Inventory Proceedings - Disinheritance - Articles 1875-1884 of Portuguese Civil Code - The appellants contended that the disinheritance provisions under Articles 1875-1884 were not applicable to their status. The High Court accepted the submission and found error in the impugned order (Paras 3-4).
Issue of Consideration
Whether the Comarca Judge erred in disinheriting the appellants under Article 2053 of the Portuguese Civil Code without proper application of the relevant provisions.
Final Decision
The appeal is allowed. The impugned order passed by the Comarca Judge of Salcete and Quepem at Margao in Inventory Proceedings No. 82 of 1993 is set aside. The matter is remanded to the Comarca Judge for fresh adjudication after giving both sides an opportunity to present their cases. Adjudication shall be completed within 6 months from the date of receipt of the writ. No order as to costs.
Law Points
- Article 2053 of Portuguese Civil Code
- Articles 1875-1884 of Portuguese Civil Code
- Disinheritance
- Inventory Proceedings
