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Erroneous Views with Regard to Portuguese Laws.

Erroneous views of any law, however widely held and acted


upon and even when endorsed by decisions of the Senior Courts,
including that of the Supreme Court of India, are no answers
to the enforcement of the law when errors are discovered and clearly ascertained. An error when
discovered has to be corrected, lest the error destroys the law. Justice is delayed or denied precisely
because of these errors. Trial Courts cannot correct these errors because of prevailing wrong decisions
of Senior Courts. Do not blame the Trial Courts. Blame yourself for placing your case under erroneous
views of laws, and under wrong laws, and in wrong Courts.

All Inventory Proceedings in Goa are filed by all
Advocates under the Portuguese Civil Procedure Code. This
is a deliberate Mistake as to Fact of Law. An Advocate is
ethically barred to make such a mistake. The Code of
Civil Procedure 1908 is in force in Goa with effect from 15th June 1966. From this date all Inventory
Proceedings
had to be filed as per law in the Code of Civil Procedure
1908 only. No Advocate can have reason otherwise.

All Portuguese Laws in Goa have been abrogated totally with effect from 15th June 1966 latest. The
only exception is the Code of Communidades. Reasons cannot be stated here. It is not proper even to
file Divorce Petitions under Portuguese Family Laws. These are not the Family Laws of Christians. The
principles of Christian Faith are given in the Gospels of Jesus Christ. Follow these principles for Christian
Family Laws. 'Gaunkari' was introduced in Goa by Chanakya, and not the Portuguese. No Goan is of
Iberian origin. We are all of Indian origin to remember that the
Portuguese was only an invader. It is healthy to erase the Portuguese legacy for good.

Inventory Proceedings according to the Portuguese Civil Procedure Code are not suits, and they are
distinct and separate proceedings from a suit as understood in the Code of Civil Procedure 1908; and
there is no Decree passed.
Without a Decree no right is acquired, therefore the said proceedings do not convey any right and are
infructuous. To acquire right, proceedings have to be filed strictly under the Code of Civil Procedure
1908. Mistakes committed for the last fifty years do not give any reason for any Advocate
to misguide his client. Litigants must take caution that the error of fifty years deliberately committed by
the Advocates is now known to Senior Courts like the High Court
and the Supreme Court, and Litigants will suffer unless these Inventory Proceedings are filed under the
Code of Civil Procedure 1908.

Inventory Proceedings filed under the Code of Civil
Procedure 1908 is a Civil Suit. The Plaint has to be supported by an Affidavit Any one heir can file the suit
as Plaintiff/Inventariante against the other heirs as Defendants/Inventariados. Unless the Parties are at
dispute on the Appointment of the Cabeca de Casal, the suit may be decided under Order XV Rule 1 of
the Code of Civil Procedure
1908 to appoint the Cabeca de Casal by Order. The Order to appoint the Cabeca de Casal is a Decree to
vest into the
Decree Holder the title as Holder of the Estate of the deceased salvo jure cujuslibet (saving or reserving
the right of all others) to include the interest of all the heirs. The Decree is to be executed by Partition
according to the shares decided in the Statement of the Cabeca de Casal. The Statement of the Cabeca
de Casal is also supported by Affidavit, and has to indicate the description of the estate, the shares of
the heirs and other information
with regard to the rights of the deceased estate holders. There is Appeal in case the Order of the Trial
Court is not fair. The Cabeca de Casal holding the Decree can even settle the shares of the other heirs
out of court by appropriate Deed of Conveyance.

a Writ Petition in the Panjim Bench (Goa) of the Bombay High Court admitted as Writ Petition No.
762/2011, to file Inventory Proceedings by making Application under the Code of Civil Procedure 1908. I
was heard by the Hon'ble High Court and was allowed to do so. I followed the Order of the Hon'ble High
Court and filed my
Application in two Cases. Readers should request their Advocates to correct their mistakes of the past
fifty years and observe the law for quick justice.

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