gifted the said properties inasmuch as in terms of Article 2177 of the Portuguese Civil Code a co-owner cannot dispose of specifically any portion ... such cases, like the one under consideration, the Article relevant for the decision is Article 2177 r/w Article 1784 of the Portuguese Civil Code
contention, advanced by learned Senior Counsel Shri Dhruv
Mehta, based on Article 2177 of the Portuguese Civil Code, 1867 that there
was an absolute ... there are
different translated versions of the provision, we may extract Article 2177
as provided by Defendants 7 and 8 in their Appeal
contention, advanced by learned Senior
Counsel Shri Dhruv Mehta, based on Article 2177 of the
Portuguese Civil Code, 1867 that there was an absolute ... there are different translated versions of the provision,
we may extract Article 2177 as provided by Defendants 7 and 8 in
their Appeal
Court completely failed to consider the effect of
the provisions of Article 2177 and Article 1766, which corresponds
to Section 219 of the Goa Succession ... help.
9. Mr. Noronha, while relying upon the provisions of Article
1766 and Article 2177 would submit that even after the death
properties to any person and the bequest deposition
was hit by Article 2177 of the Civil Code. The respondent filed her
objections on 23rd March ... Will. The Inventory Court held that there is no breach of
Article 2177 of the Civil Code.
Felt aggrieved, the appellant preferred an appeal bearing
convey to a third person. The learned Counsel relied on Article 2177 of Portuguese Civil Code, which reads as under:
The co-owner, however, cannot ... learned Single Judge of this Court has observed as follows:
Article 2177 of the said Code provides that a co-owner cannot dispose of specifically
Whether the Learned Appellate Court failed to appreciate the
provisions of Article 2177 of the Portuguese Civil Code and failed to
consider that in terms ... provisions of Article 2177, a co-owner
cannot sell and/or alienate undivided share in favour of any party and
that the sale deed which
suits. In any
case, a plea based on Article 2177 of the Portuguese Civil
Code cannot be raised for the first time in a Second ... allegedly no partition in
metes and bounds or the applicability of Article 2177 of
the Portuguese Civil Code, therefore, fades into
insignificance. Based upon such
contention, advanced by learned Senior
Counsel Shri Dhruv Mehta, based on Article 2177 of the
Portuguese Civil Code, 1867 that there was an absolute ... restricted in accordance with the law."
Suffice it to say, Article 2177 does not prohibit alienation
of undivided interest, which is in tune with
such a Will, this
Court has held that in terms of Article 2177 of the Civil Code,
the co-owners cannot dispose of a specific ... Deed, that such Deed would be contrary to the provisions
of Article 2177 of the Civil Code. Relevant portion of the
Judgment are quoted below
