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Supreme Court of India 2022-09-19 dismissed

MRS. ETHEL LOURDES D’SOUZA LOBO vs LUCIO NEVILLE JUDE DE SOUZA & ORS

Bench: 2 — S. Ravindra Bhat, Sudhanshu Dhulia

In Brief

This case concerns the inheritance of a successful bidder's rights in a family auction (licitation) under Goan law. Hermano was the highest bidder for an estate property but died before paying the bid amount. The Court held that his right as a successful bidder constitutes heritable property that devolved to his legal heirs under Article 1737 of the Portuguese Civil Procedure Code. The obligation to pay the equalization amount (owelty) only arises upon formal demand by other heirs, and since no such demand was made, the auction remained valid. The Court dismissed the appellant's appeal, affirming that the heirs could inherit Hermano's rights as a successful bidder.

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Succession & Inheritance Civil Procedure Property Law Goan Law Portuguese Civil Procedure Code Partition Auction/Licitation Owelty Heritability of Rights

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