JOSE PAULO COUTINHO versus MARIA LUIZAVALENTINA PEREIRA & ANR.

JOSE PAULO COUTINHO versus MARIA LUIZAVALENTINA PEREIRA & ANR.

The Portuguese Civil Code, 1867 as enforced through the Goa, Daman and Diu (Administration) Act, 1962, is an Indian law and applies to succession and inheritance of all properties of Goan domiciles, wherever situated in India. Section 5 of the Indian Succession Act and personal law statutes do not apply to such Goan domiciles. Probate granted to a will does not affect inheritance rights under the Code; the inventory of properties must include assets situated outside Goa.

Parties
Appellant: Jose Paulo Coutinho; Respondent No. 1: Maria Luiza Valentina Pereira; Respondent No. 2: Virginia Pereira
Jurisdiction
India
Judgment Date
13 September 2019
Procedural Posture
Civil Appeal / Final Supreme Court Appeal Decision
Outcome
Appeal allowed
Legal Topics
Applicability of Portuguese Civil Code Post Annexation, Succession and Inheritance for Goan Domiciles, Effect of Probate on Inheritance, Special Law Versus General Law in Succession, Inventory Proceedings Including Out of State Property
Succession Law Family Law Private International Law Applicability of Portuguese Civil Code Post Annexation Succession and Inheritance for Goan Domiciles Effect of Probate on Inheritance Special Law Versus General Law in Succession Inventory Proceedings Including Out of State Property

Case Brief

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Parties

Jose Paulo Coutinho

Appellant

Maria Luiza Valentina Pereira

Respondent No. 1

Virginia Pereira

Respondent No. 2

Procedural Posture

Civil Appeal / Final Supreme Court Appeal Decision

Legal Issues

  1. 1 Whether succession to property of a Goan situate outside Goa in India is governed by the Portuguese Civil Code, 1867 as applicable in the State of Goa or by the Indian Succession Act, 1925
  2. 2 Effect of grant of probate by Bombay High Court on inheritance rights under local law

Ratio Decidendi

The Portuguese Civil Code, 1867 as enforced through the Goa, Daman and Diu (Administration) Act, 1962, is an Indian law and applies to succession and inheritance of all properties of Goan domiciles, wherever situated in India. Section 5 of the Indian Succession Act and personal law statutes do not apply to such Goan domiciles. Probate granted to a will does not affect inheritance rights under the Code; the inventory of properties must include assets situated outside Goa.

Court Disposition

Appeal allowed

Orders

  • Judgment of learned Single Judge of High Court set aside.
  • Order of Court of Comarca Judge in Inventory Proceedings restored.