Summary
The Supreme Court held that a married daughter had succession rights in the lease premises in Goa inventory proceedings. The courts below wrongly applied the Rent Act’s tenant definition to an inheritance dispute. The lease had to be included in the assets and the partition chart amended despite its finalization while the challenge was pending.
Issues
- Whether a married daughter could succeed to the lease premises in inventory proceedings.
- Whether the later final partition chart made the pending challenge infructuous.
Provisions considered
- Sections 5 and 68, Goa Succession, Special Notaries and Inventory Proceeding Act, 2012The succession scheme did not distinguish children by sex or marital status, and the married daughter could succeed to the lease premises. (¶¶ 6.3, 10–11)
- Section 399, Goa Succession, Special Notaries and Inventory Proceeding Act, 2012Leases form part of the assets to be listed for inheritance; exclusion of these premises was erroneous. (¶¶ 6.3, 10–11)
- Section 446, Goa Succession, Special Notaries and Inventory Proceeding Act, 2012The Court directed amendment of the final partition and chart to implement the successful pending challenge. (¶ 12–13)
- Section 460(3), Goa Succession, Special Notaries and Inventory Proceeding Act, 2012Pending inventory proceedings under the former law continued under the new procedure. (¶¶ 6.3, 9)
- Section 2(o), definition of tenant, Goa Buildings (Lease, Rent and Eviction) Control Act, 1968The definition relied on below did not govern this inventory succession dispute, which was not between landlord and tenant. (¶ 8–11)
Held
- Under the former Portuguese Civil Code succession scheme and the 2012 Act, a married daughter was not excluded from succession to parental property including the lease. Applying the rent-control definition to deny that inheritance was erroneous. (¶ 9–11)
- Finalization of the partition during the pending challenge did not extinguish that challenge. Signing the chart, which necessarily reflected the disputed exclusion, did not make the appeal infructuous; amendment could implement the decision. (¶ 12–13)
Result
Appeal allowed; Inventory Court and High Court orders set aside. Lease premises to be included and final partition and chart amended with the aid of Section 446. No order as to costs.