Goa Succession Law and Portuguese Civil Code: Supreme Court Clarifies Inheritance Rules

The Supreme Court of India, in the case of Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira & Another, ruled on whether succession to the property of a Goan domiciled person, but located outside Goa, would be governed by the Portuguese Civil Code, 1867 or the Indian Succession Act, 1925. This decision has significant implications for inheritance laws in Goa, as it confirms that Goans are governed by the Portuguese Civil Code, even for assets outside Goa.

Background of the Case

The dispute revolved around the succession of property owned by Joaquim Mariano Pereira (JMP), who lived in Bombay and purchased property there in 1955. He executed a will on May 6, 1957, bequeathing his Bombay property to his youngest daughter, Maria Luiza Valentina Pereira, while giving monetary bequests to his other two daughters. JMP passed away on August 2, 1967, and the Bombay High Court granted probate for his will on September 12, 1980.

However, during inventory proceedings in Goa, one of JMP’s legal heirs, Jose Paulo Coutinho, claimed that even the Bombay property should be subject to Goa’s inheritance laws under the Portuguese Civil Code. The respondent, Maria Luiza Valentina Pereira, argued that succession to the Bombay property should be governed by the Indian Succession Act, 1925, and not the Portuguese Civil Code.

Key Legal Questions Considered

Whether the Portuguese Civil Code, 1867, applies to succession of properties of Goan domiciles, even if those properties are outside Goa.
Whether the Indian Succession Act, 1925, governs the inheritance of properties located outside Goa.
The impact of Goa’s liberation from Portuguese rule in 1961 and subsequent integration into India on inheritance laws.

Arguments by the Petitioner (Jose Paulo Coutinho)

The petitioner contended that:

The Portuguese Civil Code continues to apply to Goans, even for properties outside Goa, due to the Goa, Daman, and Diu (Administration) Act, 1962, which retained existing laws.
The principle of unity of succession under the Portuguese Civil Code mandates that all properties, regardless of location, should be inherited under a single law.
The High Court of Bombay (Goa Bench) erred in ruling that succession to properties outside Goa should be governed by the Indian Succession Act.

Arguments by the Respondent (Maria Luiza Valentina Pereira)

The respondent countered:

The Portuguese Civil Code applies only to properties within Goa and cannot have extra-territorial application.
The Indian Succession Act governs properties outside Goa, as per Section 5 of the Act.
The principle of lex rei sitae (law of the land where the property is situated) should apply, meaning the laws of the state where the immovable property is located should govern succession.
The probate granted by the Bombay High Court conclusively settled the issue in favor of the respondent.

Supreme Court’s Observations

The Supreme Court examined the legal framework governing inheritance laws in Goa and made the following key observations:

The Portuguese Civil Code, though of foreign origin, became part of Indian law after Goa’s liberation in 1961 and continues to apply.
The principle of unity of succession under the Portuguese Civil Code mandates that all assets of a Goan domicile should be governed by the same inheritance rules, irrespective of location.
The Indian Succession Act, 1925, does not override the Portuguese Civil Code for Goan domiciles.
Probate of a will does not determine the validity of testamentary disposition under inheritance laws. The probate merely confirms the genuineness of the will, but the distribution of assets must still comply with applicable inheritance laws.
Goa is an exception within India, as it follows a uniform civil code where succession laws differ from the rest of the country.

Final Judgment

The Supreme Court ruled in favor of the petitioner, holding that:

“For Goan domiciles, succession to all properties, whether within or outside Goa, shall be governed by the Portuguese Civil Code, 1867.”

The Bombay property of JMP must be included in the inventory proceedings under the Portuguese Civil Code, ensuring that all legal heirs receive their rightful share.

Implications of the Judgment

For Goan Domiciles: The ruling confirms that all properties owned by Goan domiciles, irrespective of their location in India, are subject to the Portuguese Civil Code.
For Estate Planning: Goans must ensure that wills comply with the Portuguese Civil Code, which mandates the reservation of a legitime portion for legal heirs.
For Indian Succession Law: The judgment highlights Goa’s unique status within India, where inheritance laws differ from the rest of the country.
For Probate and Legal Disputes: Even if a will is probated outside Goa, its execution must conform to the Portuguese Civil Code if the testator was a Goan domicile.

Conclusion

The Supreme Court’s judgment in this case reaffirms that Goan domiciles are governed by the Portuguese Civil Code for inheritance matters, irrespective of where their properties are situated. This landmark ruling preserves Goa’s unique legal heritage and ensures uniform application of succession laws for Goan citizens.

Petitioner Name: Jose Paulo Coutinho.
Respondent Name: Maria Luiza Valentina Pereira & Another.
Judgment By: Justice Deepak Gupta, Justice Aniruddha Bose.
Place Of Incident: Goa and Mumbai.
Judgment Date: 13-09-2019.

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