Case Note & Summary
The Supreme Court considered an appeal concerning the succession to the immovable property of a Goan domicile, Joaquim Mariano Pereira (JMP), who died in 1967. JMP had three daughters and a wife, and he executed a Will in 1957 bequeathing a house in Bombay to his youngest daughter, Maria Luiza Valentina Pereira (respondent no. 1). The other two daughters were bequeathed Rs. 3000 each. After JMP's death, inventory proceedings under the Portuguese Civil Code, 1867 were initiated in Goa. The respondent objected to including the Bombay property in the inventory, arguing that it was governed by the Indian Succession Act, 1925. The inventory court initially excluded the property but later included it upon the appellant's application. The High Court of Bombay, Goa Bench, in an appeal, held that the Indian Succession Act applied to the Bombay property, leading to the present appeal. The Supreme Court framed three issues: (1) whether the Portuguese Civil Code is foreign law attracting private international law principles; (2) whether the property outside Goa is governed by the Code or Indian succession laws; and (3) the effect of the probate grant. The Court held that the Portuguese Civil Code is not foreign law but the personal law of Goan domiciles, continued in force by the Goa, Daman and Diu (Administration) Act, 1962. It rejected the doctrine of renvoi and the lex rei sitae principle, emphasizing the unity of succession under the Code. The Court also held that the grant of probate does not preclude inventory proceedings for determining legitime. Consequently, the appeal was allowed, and the High Court's judgment was set aside, restoring the inventory court's order including the Bombay property.
Headnote
A) Conflict of Laws - Succession - Applicable Law - Portuguese Civil Code, 1867 vs Indian Succession Act, 1925 - The question was whether succession to immovable property of a Goan domicile situated outside Goa is governed by the Portuguese Civil Code or the Indian Succession Act - Held that the Portuguese Civil Code applies to all properties of a Goan domicile, whether within or outside Goa, due to the principle of unity of succession and the continued force of the Code under Section 5 of the Goa, Daman and Diu (Administration) Act, 1962 (Paras 1, 12-13). B) Private International Law - Renvoi - Applicability to Goan Domiciles - The appellant invoked the doctrine of renvoi, arguing that Portuguese law is foreign law - Held that the Portuguese Civil Code is not foreign law but the personal law of Goan domiciles, and the doctrine of renvoi does not apply (Para 12). C) Succession - Unity of Succession - Portuguese Civil Code - The Code provides for unity of succession, meaning all properties of a deceased, wherever situated, are inventoried and distributed under the Code - Held that the property in Bombay must be included in inventory proceedings under the Civil Code (Paras 7, 8, 12). D) Conflict of Laws - Lex Rei Sitae - Applicability to Goan Domiciles - The respondent argued that the law of the place where immovable property is situated (lex rei sitae) should apply - Held that the Portuguese Civil Code, being the personal law of Goan domiciles, overrides the lex rei sitae principle for succession matters (Para 11). E) Succession - Probate - Effect on Inventory Proceedings - The respondent contended that the grant of probate by the Bombay High Court was final - Held that the grant of probate does not bar the inventory court from including the property for determining legitime and disposable portion under the Civil Code (Paras 10, 12).
Issue of Consideration
Whether succession to the property of a Goan situate outside Goa in India will be governed by the Portuguese Civil Code, 1867 as applicable in the State of Goa or the Indian Succession Act, 1925
Final Decision
Appeal allowed. The judgment of the High Court of Bombay, Goa Bench dated 08.08.2008 is set aside. The order of the inventory court dated 15.10.1999 including the Bombay property in the inventory is restored.
Law Points
- Succession to immovable property of a Goan domicile outside Goa is governed by Portuguese Civil Code
- 1867
- not Indian Succession Act
- 1925
- Doctrine of renvoi not applicable
- Principle of unity of succession under Portuguese law
- Lex rei sitae not applicable to Goan domiciles
- Probate grant does not bar inventory proceedings under Civil Code
