The High Court intervenes to set aside the Inventory Court's re-opening of proceedings, emphasizing jurisdictional limits under Goa Succession Act.
In a significant ruling, the Bombay High Court's Goa Bench has quashed an order passed by the Inventory Court that re-opened inventory proceedings, citing jurisdictional overreach under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The judgment, delivered by Justice Valmiki Menezes, underscores the limitations of the Inventory Court under Section 446 of the Act, which restricts its powers to correcting clerical or arithmetical errors, not to re-open proceedings without mutual consent.
The case, Maria Marta Vaz v. Jacinta Pereira, revolves around the disputed partition of an estate initially concluded in 2015 following the death of Victor Sebastiao Fernandes. The proceedings saw a twist when John Edmund Fernandes, one of the heirs, claimed entitlement to a larger share based on a Will allegedly executed by his mother, Blandina Fernandes, in 2007. This claim led to a controversial re-opening of inventory proceedings by the Civil Judge Senior Division at Mapusa, which has now been overturned by the High Court.
Justice Menezes pointed out that the Inventory Court's order dated October 15, 2022, exceeded its jurisdiction by attempting to re-open proceedings and grant a fresh partition without the agreement of all parties involved. The judgment elucidates that any dispute regarding the Will and partition amendments should be resolved through a suit under Section 447 of the Act, as initiated by Maria Marta Vaz in 2018.
Furthermore, the High Court exercised its supervisory jurisdiction under Article 227 of the Constitution to direct the civil court to proceed with the trial in the pending suit that seeks to address the validity of the Will and the partition claims. The court emphasized that the outcome of this trial will dictate necessary corrections in inventory proceedings under Section 445 of the Act.
The ruling serves as a reminder of the procedural safeguards embedded in the Goa Succession Act, highlighting the necessity for disputes to be addressed within the prescribed legal framework. The decision mandates the trial court to expedite the trial process, aiming for completion within a year, thereby providing a path to resolving the longstanding familial dispute.
Bottom Line:
Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 - Inventory Court's powers under Section 446 are restricted to clerical or arithmetical mistakes or material errors arising from accidental slip or omission, and do not extend to re-opening of inventory proceedings or fresh allotment without mutual consent of the parties.
Statutory provision(s): Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 Sections 445, 446, 447; Constitution of India, Article 227
Maria Marta Vaz v. Jacinta Pereira, (Bombay)(Goa Bench) : Law Finder Doc Id # 2820184
