ISHA SAMEER DESSAI ALIAS NIMA KHAPRU FOL DESSAI Vs. FONDO SHIVRAM DESSAI
HIGH COURT OF BOMBAY
Isha Sameer Dessai Alias Nima Khapru Fol Dessai
Fondo Shivram Dessai
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F.M. Reis, J. -
(1.) Heard Shri. Abhay Nachinolkar, learned Counsel appearing for the Appellant and Shri Sudesh Usgaonkar, learned Counsel appearing for the Respondents.
(2.) The above Appeal came to be admitted by an Order dated 16.09.2015 on the following substantial questions of law:
(a) Whether the widow of a son, who has predeceased his parents, is an heir of her inlaws and, consequently, is entitled to the inheritance of the in-laws ?
(b) Whether upon the death of the original plaintiff no. 1 (the father in law of appellant), the appellant is entitled to succeed, by way of representation in terms of Article 1980 of the applicable law of Succession, to the estate of the original plaintiff no. 1 ?
(3.) Mr. Nachinolkar, learned Counsel appearing for the Appellant submits that though the husband of the Appellant had predeceased the parents-in-law, the right of the widow to claim the properties which otherwise would devolve upon her husband cannot be defeated at the instance of the Respondents. The learned Counsel further pointed out that the widow of the son of the Respondents is entitled to the rights which would accrue to her husband if he was otherwise living. The learned Counsel has thereafter taken me through the Judgment passed by the Courts below to point out that both the Courts have erroneously considered the relevant provisions of law to come to the conclusion that the Appellants have no right to the subject house. The learned Counsel further submits that in any event under Article 1980 of the Portuguese Civil Code, the widow has got a right of representation to the assets which would otherwise devolve upon her deceased husband after the death of the father-in-law. The learned Counsel has thereafter taken me through the said provisions of Article 1980 of the Portuguese Civil Code which specifies that right would devolve upon any relative of the deceased as if the person was living which would include the Appellant herein. The learned Counsel, as such, pointed out that the Impugned Judgment deserves to be quashed and set aside.;
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