NDLI: Mrs. Ethel Lourdes D’souza Lobo Vs. Lucio Neville Jude De Souza & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1737 1416 1391 2127 – Inventory proceedings were initiated on account of death of ‘G’ and his wife 1417(c) & 1736 Portuguese Civil Procedure Code – Arts. 1369 2126 1379 1412
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Portuguese Civil Procedure Code – Arts. 1369, 1379, 1391, 1412, 1416, 1417(c) & 1736, 1737, 2126, 2127 – Inventory proceedings were initiated on account of death of ‘G’ and his wife – These proceedings were initiated for partition of the estate of the deceased – Estates comprised three items of immovable property – Property in dispute is item no.1 – In licitation of the said property, ‘H’ gave the highest bid – ‘H’ was also Cabeca de Casal (administrator) – He died – By then, he had not deposited any amount towards bid offered by him – Claim for reauction was resisted by heirs of ‘H’, who contended they could continue the proceedings and were entitled to item no. 1 – However, who supported reauction contended that that H’s right to participate, and claim the specific item of property, at the appropriate stage-when owelty was to be demanded, was a mere personal right, which extinguished upon his death – Held: In the instant case, it cannot be said that H’s right to participate, and claim the specific item of property, at the appropriate stage - when owelty was to be demanded, was a mere personal right, which extinguished upon his death – The entitlement to bid in the licitation process was not a personal right, but in his capacity as a member of the family, of which he had been constituted as the Cabeca de Casal – If all other items are heritable by his heirs and legal representatives (as there is no dispute that they are, because they step into his shoes) an entirely different conclusion is unsupportable in regard to the item of property for which he bid successfully, but for which no demand was made, for payment of any amount – This was because, the final chart of partition containing the excess payments to be made, by one or other members of the family had not been prepared; no demand for payment or deposit of owelty was concededly made by any member of the family – However, that did not mean that the highest bid by H was, in some inexplicable manner, effaced – His position and right as a successful bidder, and his obligation to pay the concerned amount, when called upon to do so, were heritable by his heirs and legal representatives – Appeals dismissed.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2022 INSC 977
Petitioner	Mrs. Ethel Lourdes D’souza Lobo
Respondent	Lucio Neville Jude De Souza & Ors.
SCR	[2022] 18 S.C.R. 115
Judgement Date	2022-09-19
Case Number	9202

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Mrs. Ethel Lourdes D’souza Lobo Vs. Lucio Neville Jude De Souza & Ors.

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