Bombay High Court Goa appoints applicant as the Special Head of the family for contents in the house, bank locker in accordance with Section 250 of the Goa Succession Act
Title: Maria Nanda Sales v. Orlando Sales
Decided on: August 18, 2023
Citation: 2023 SCC OnLine Bom 1695
CORAM: HON’BLE JUSTICE M.S SONAK
Facts of the Case
The Appellants’ grievance is that the impugned order dated 28/11/2018 does not appoint the Appellant as the Special Head of the Family in respect of the contents of the house situated in the immovable property as per the Goa Succession Act. The Appellants’ grievance is also that the Appellant is not appointed as the Special Head of the Family in respect of the locker in the Goa Urban Cooperative Bank Ltd., Cuncolim branch. It was argued by him that the key and consequently the control over the said locker is with the Appellant and, therefore, it is only appropriate that the Appellant should be appointed as the Special Head of the Family in respect of this locker and its contents, as well.
Court Analysis and Judgement:
The Court analysed the Section 250 of the Goa Succession Act provides that the co-heirs who, on the date of the opening of the inheritance, were in possession of certain properties of the inheritance and so also the heirs who have to restitute gifted properties to the estate, shall be deemed heads of the family in respect of such properties. The impugned order was modified and the applicant was made the Special Head of the Family in respect of all the contents. As far as the locker in the Goa Urban Cooperative Bank Ltd. was concerned, again, the Appellant was appointed as the Special Head of the Family in respect of the said locker and the contents of the locker.
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Written by- Reema Nayak
