Case Note & Summary
The petitioner, Mrs. Madhavi Dattatrai Thaly, filed a writ petition seeking a mandamus directing the State of Goa to provide the State Registrar-cum-Head of Notary Services and the Office of Sub-Registrar cum Civil Registrar and Special Notary (Ex-Officio), Tiswadi, with the requisite book for recording the opening of closed wills under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The petitioner's close relatives, Shrihari Janardhan Thaly and Smt. Madhuri S. Thaly, had executed two closed wills and a Deed of Consent on 17th April 2006 before the Notario Ex-Officio/Sub-Registrar of Ilhas, Panaji, who sealed them in envelopes as per Article 1922 of the Portuguese Civil Code. Madhuri Thaly died on 26/09/2008 and Shrihari Thaly died on 16/03/2019, leaving no issue. The petitioner, being the sister-in-law, presented the closed wills to Respondent No.4 on 28/03/2019 to commence the opening process. However, Respondent No.4 refused to accept the application, stating that the book required for recording the opening was not available. The petitioner argued that the Act imposes a duty on the State to provide such a book, and the refusal amounts to a dereliction of duty. The respondents contended that the book was not available and that the petitioner could approach the Civil Court for relief. The court, after hearing both sides, held that the Act clearly requires the State to maintain records for opening closed wills, and the non-availability of the book cannot be a ground to deny the petitioner's right. The court issued a writ of mandamus directing the respondents to provide the book within four weeks and to process the petitioner's application in accordance with law. The court also noted that the respondents' suggestion to approach the Civil Court was not a proper alternative remedy as the Act itself provides a mechanism.
Headnote
A) Constitutional Law - Mandamus - Statutory Duty - Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 - The petitioner sought a writ of mandamus to compel the State to provide a book for recording the opening of closed wills. The court held that since the Act imposes a duty on the State to maintain such records, the failure to provide the book amounts to a dereliction of duty, and mandamus is an appropriate remedy. (Paras 3-8) B) Succession Law - Closed Will - Opening Procedure - Article 1922 of Portuguese Civil Code - The closed wills were executed under the Portuguese Civil Code and sealed envelopes were handed over to the parties. Upon the death of the testators, the petitioner sought to open the wills, but the respondent refused due to lack of a prescribed book. The court directed the State to provide the book to facilitate the opening. (Paras 4-8)
Issue of Consideration
Whether the Respondent-State Government is obligated to provide the requisite book for recording the opening of closed wills under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012, and whether a writ of mandamus can be issued to compel such provision.
Final Decision
The court allowed the writ petition, issuing a writ of mandamus directing the respondents to provide the book for recording the opening of closed wills within four weeks and to process the petitioner's application in accordance with law.
Law Points
- Mandamus
- Statutory duty
- Goa Succession Special Notaries and Inventory Proceeding Act 2012
- Closed will
- Opening of will
- Provision of book
