Bombay High Court at Goa Hears Writ Petitions Challenging Constitutional Validity of State Amendments to Succession Law. Petitioners Seek Declaration That Retrospective Amendments Altering Order of Succession and Legitime Are Ultra Vires Article 14 of the Constitution of India.

Writ petitions under Article 226 of the Constitution of India challenging the constitutional validity of amendments to the Goa Succession Act.

Declaration that the Goa Succession, Special Notaries and Inventory Proceedings (Amendment) Act, 2022 and the Goa Succession, Special Notaries and Inventory Proceedings (Amendment) Act, 2023 are ultra vires the Constitution and void, and to protect their claimed inheritance rights.

The amendments altered the order of succession, giving precedence to the surviving spouse over ascendants, and the 2023 Amendment was given retrospective effect from 21.12.2016, thereby divesting the petitioners of vested inheritance shares.

In WP No. 81 of 2025, the Civil Judge, Vasco-da-Gama rejected Inventory Proceeding No. 4 of 2023 on 27.02.2024 based on the 2023 Amendment; an appeal is pending. In WP No. 2486 of 2025, Inventory Proceeding No. 414/2019/D is pending and the surviving spouse sought deletion of petitioners based on the amendments.

Whether the Goa Succession (Amendment) Acts, 2022 and 2023, which amend the order of succession and legitime, violate Article 14 of the Constitution by imposing arbitrary and absolute restrictions on testamentary freedom. Whether the retrospective operation given to the 2023 Amendment Act from 21.12.2016 without any nexus or purpose takes away vested rights accrued to the petitioners and is unconstitutional. Whether the amendment placing the surviving spouse ahead of ascendants in the absence of descendants, and altering legitime shares, is manifestly arbitrary and discriminatory.

The Amendment Acts of 2022 and 2023 contravene Article 14 of the Constitution and result in arbitrarily depriving the petitioner of his right to the estate. The 2023 Amendment has the effect of taking away vested rights without any nexus or purpose, and is arbitrary, discriminatory and violative of Article 14. The amendment overlooks antecedent enactments (Decrees of 1910 and 1930) and imposes an absolute restriction on bequeathing property if there is no descendant. The retrospective effect from 21.12.2016 effaces rights that had already vested, such as the inheritance of the petitioner which accrued on 31.05.2022.

The two Writ Petitions, namely, WP No. 81 of 2025 and WP – F – 2486 of 2025 placed before us raise a challenge to the Goa Succession, Special Notaries and Inventory Proceedings (Amendment) Act, 2022, and the Goa Succession, Special Notaries and Inventory Proceedings (Amendment) Act, 2023. The Petitioners seek a declaration that the amendments in the Act of 2012 are ultra vires the Constitution, as it has resulted in imposition of absolute and arbitrary restrictions on the right of a person to bequeath or gift any property constituting his estate. The 2023 Amendment imposes absolute and arbitrary restriction on the right of a person to bequeath or gift any property constituting his estate if does not have a descendant as on the date of his demise. we issue ‘Rule’, which is made returnable forthwith.

The two writ petitions along with miscellaneous civil applications for intervention/impleadment were filed in 2025. After pleadings were completed, the court issued Rule and heard the matters finally. Judgment was reserved on 18 March 2026 and pronounced on 8 May 2026.

• Goa Succession, Special Notaries and Inventory Proceedings Act, 2012: 13, 52, 72, 76, 77, 83
• Goa Succession, Special Notaries and Inventory Proceedings (Amendment) Act, 2022: 4
• Goa Succession, Special Notaries and Inventory Proceedings (Amendment) Act, 2023: 1(2), 52, 72, 76, 77, 83
• Constitution of India: Article 14