Emerging startup of 2023 by Headstart
Emerging startup of 2023 by Headstart
Appellants: Jose Paulo Couthino
Respondent: Maria Luiza Valentina Pereira & Another
Hon’ble Justice Deepak Gupta and Aniruddha Bose, JJ
Joaquim Mariana Pereira, who lived in Bombay, left his property to his youngest daughter while giving ₹3,000 each to his other two daughters. The probate (legal validation to the Will by the competent court) of the Will dated 06.05.1957 was granted by the Bombay High Court at Goa in 12.09.1980, and both daughters were serviced notice of the probate proceedings. After the death of Joaquim, a dispute arose regarding the law to be followed concerning the property in Bombay.
The Inventory Court’s order dated 15.10.1999 that the property should be included under the inheritance proceedings in Goa. However, the youngest daughter and another Respondent challenged this decision before the Goa Bench of the Bombay High Court, which ruled that the Portuguese Civil Code was not applicable in view of Section 5 of the Indian Succession Act, 1925. The Appellant then took the matter to the Supreme Court.
Whether the Portuguese Civil Code can be said to be a foreign law and the principles of private international law are applicable ?
Whether the property of a Goan resident outside the territory of Goa would be governed by the Portuguese Civil Code or by The Indian Succession Act, or by personal laws, as applicable in the rest of the country e.g., the Hindu Succession Act, 1956, The Muslim Personal Law (Shariat) Application Act, 1956, etc. ?
What is the effect of the grant of probate by the Bombay High Court in respect of the Will executed by Joaquim Mariana Pereira ?
The Supreme Court ruled that although the Portuguese Civil Code originally came from Portugal, it became Indian law when the Indian Parliament enforced it through the Goa, Daman, and Diu (Administration) Ordinance, 1962. This means it applies to Goan domiciles (people legally residing in Goa) for matters of inheritance, even for properties outside Goa.
The Court also stated that the Portuguese Civil Code, being a special law, overrides general laws like the Indian Succession Act, 1925. This prevents confusion and disputes over inheritance.
Additionally, the Court clarified that probate (official validation of a Will) only confirms if the Will is genuine—it does not decide inheritance rights. The Supreme Court referred to a past judgment (Krishna Kumar Birla v. Rajendra Singh Lodha) to emphasize that a probate court only checks if a Will is genuine, not if it fairly distributes property. Therefore, the Bombay High Court’s probate order did not affect the legal heirs' inheritance rights.
The judgment of the Supreme Court is of utmost importance as it fixes the rules and regulations to be followed by the Goan domiciles for matters relating to property, both within and beyond its territory, bringing uniformity and consistency for property-related matters. This will help in resolving what once was a cumbersome and confusing procedure. The Supreme Court’s clarification on the scope of probate streamlines the process of probate, ensuring a deep understanding of the role of a court in testamentary (inheritance through Wills) matters. Additionally, the judgment paves the way for more foreign laws to be recognized and applied in India through the passing of an Act by the Indian Parliament. It demonstrates the openness of the Indian legal system to incorporate legal principles from foreign jurisdictions.
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