Summary
The dispute concerned whether a Goan domicile’s Bombay property should be included in succession inventory proceedings in Goa despite a probated will bequeathing it to one daughter. The Court held that the Portuguese Civil Code, continued through Indian legislation, is Indian law and governs the Goan domicile’s succession to property throughout India. Probate established genuineness of the will, without displacing other heirs’ substantive inheritance rights.
Issues
- Whether the continued Portuguese Civil Code is foreign law attracting private international law.
- Whether that Code governs a Goan domicile’s property outside Goa within India.
- Whether probate excludes examination of substantive inheritance rights.
Provisions considered
- Section 5, Goa, Daman and Diu (Administration) Act, 1962Continuation by Indian legislation gives the adopted Code the character of Indian law. (¶¶ 3, 14, 17, 18)
- Articles 1737, 1774 and 1784, Portuguese Civil Code, 1867The entire estate must be considered together to determine succession and the reserved portion rather than separating property situated outside Goa. (¶¶ 5, 23, 25, 26, 27)
Held
- The continued Code is Indian law of Portuguese origin. Its application does not involve applying foreign law or private international law; Article 24 did not treat an Indian citizen living elsewhere in India as residing in a foreign country. (¶¶ 14, 18, 22)
- The Code is special and local succession law for Goan domiciles and prevails over general succession laws in that field. Unity of succession requires inclusion of their property throughout India. (¶¶ 26, 27, 28, 29, 30, 31, 34)
- Probate determines the genuineness of a will; it does not establish title or validate dispositions contrary to substantive inheritance law. It therefore did not extinguish the other heirs’ inheritance rights. (¶¶ 32, 33)
Result
The appeal was allowed, the impugned High Court judgment set aside and the inventory court’s order restored. The deceased’s Bombay property was directed to be included in the Goa inventory proceedings.