Case Note & Summary
The case involves a second appeal before the Bombay High Court at Goa arising from a dispute over inheritance rights under the Portuguese Civil Code. The appellant, Mrs. Isha Sameer Dessai, is the widow of Sameer F. Dessai, who predeceased his parents. The respondents are the legal heirs of the original plaintiff no. 1 (the father-in-law of the appellant). The appellant claimed a right to inherit the property of her in-laws by way of representation under Article 1980 of the Portuguese Civil Code. The trial court and the first appellate court had dismissed her claim, holding that the widow of a predeceased son is not an heir of her in-laws. The substantial questions of law framed were: (a) whether the widow of a son who predeceased his parents is an heir of her in-laws and consequently entitled to inheritance; and (b) whether upon the death of the original plaintiff no. 1, the appellant is entitled to succeed by way of representation under Article 1980. The appellant's counsel argued that the right of the widow to claim properties that would have devolved upon her husband cannot be defeated, and that the lower courts erroneously considered the relevant provisions. The respondents' counsel supported the lower courts' findings. The High Court, after hearing both sides, allowed the appeal, setting aside the judgments of the lower courts and decreeing the suit in favor of the appellant. The Court held that the widow has a right of representation under Article 1980 of the Portuguese Civil Code to the assets that would have devolved upon her husband if he were alive. The Court directed that the appellant is entitled to the share that her husband would have received in the property of the original plaintiff no. 1.
Headnote
A) Succession Law - Right of Representation - Widow of Predeceased Son - Article 1980 of Portuguese Civil Code - The issue was whether the widow of a son who predeceased his parents is entitled to inherit from her in-laws by representation. The Court held that under Article 1980, the widow has a right of representation to the assets that would have devolved upon her husband if he were alive, and the lower courts erred in denying her claim. (Paras 2-5)
Issue of Consideration
Whether the widow of a son who predeceased his parents is an heir of her in-laws and entitled to inheritance by way of representation under Article 1980 of the Portuguese Civil Code.
Final Decision
The appeal is allowed. The judgments and decrees of the trial court and the first appellate court are set aside. The suit is decreed in favor of the appellant, declaring that she is entitled to the share that her husband would have received in the property of the original plaintiff no. 1 by way of representation under Article 1980 of the Portuguese Civil Code.
Law Points
- Right of representation
- Widow's inheritance
- Portuguese Civil Code
- Article 1980
- Predeceased son
- Succession
