VidhiSangh

Supreme Court of India · 13/09/2019

JOSE PAULO COUTINHO versus MARIA LUIZAVALENTINA PEREIRA & ANR.

[2019] 12 S.C.R. 390 · 2019 INSC 1029

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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

  1. Whether the continued Portuguese Civil Code is foreign law attracting private international law.
  2. Whether that Code governs a Goan domicile’s property outside Goa within India.
  3. Whether probate excludes examination of substantive inheritance rights.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 390.