Goan Personal Law - Portugese Civil Code| Right To Property Of Highest Bidder Is Heritable And Not A Personal Right - Supreme Court

A Division Bench of the Supreme Court of India observed that an heir's right to participate in licitation and claim a specific item of property, "at the appropriate stage – when owelty was to be demanded", was not merely a personal right which would extinguish upon the heir's death under the Portuguese Civil Procedure Code. It was observed – "If all other items are heritable by his heirs and legal representatives, 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… 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." Thus, the Supreme Court affirmed the decision of the Bombay High Court that had been challenged in the present appeal, holding that the property in dispute would devolve upon the respondents, who were the heirs of the highest bidder in a licitation. Cause Title Mrs. Ethel Lourdes D'Souza Lobo v. Lucio Neville Jude De Souza & Ors Citation : 2022 LiveLaw 795 Headnotes Goan Personal Law – Inventory proceedings – Licitation – Owelty – Portuguese Civil Procedure Code – Chapter XVII – Articles 1737, 2126, 2127 – Right to property of highest bidder in licitation heritable and not mere personal rights, even if no owelty demanded and paid – Court refused plea for reauction of disputed property – Demise of highest bidder before determination and payment of owelty amount – Held, not ground for setting aside the auction – Owelty only to be paid when demanded – Position and right as a successful bidder, as well as obligation to pay amount heritable by heirs and legal representatives – Amount determined to be paid by successors when called upon to do so Click Here To Read/Download Judgment