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Jose Paulo Coutinho v. Maria Luiza Valentina Pereira & Anr.

Civil Appeal · 2019 INSC 1029Decided 13 Sept 2019
Civil Appeal No. 7378 of 2010
Justice Deepak Gupta · Justice Aniruddha Bose

Background

A Goan domicile, Joaquim Mariano Pereira, owned a property in Bombay (outside Goa) and bequeathed it by will to his youngest daughter, Maria Luiza Valentina Pereira, while leaving smaller cash sums to his other two daughters. After his death, a dispute arose over whether succession to this Bombay property should be governed by the Portuguese Civil Code of 1867 (which continues to apply in Goa and gives other heirs a protected share called the "legitime") or by the Indian Succession Act, 1925, which generally governs succession to property situated outside Goa. The appellant, representing the other heirs, argued the Civil Code should apply even to the Bombay property; the respondent argued the Indian Succession Act should govern since the property was outside Goa.

Decision Breakdown

The Supreme Court held that the Portuguese Civil Code, 1867, as applicable in Goa, is a special and local personal law governing succession for Goan domiciles, and it continues to apply to such persons' properties wherever situated in India, whether inside or outside Goa, rather than the general Indian Succession Act, 1925. The Court also held that a probate granted by a court (here, the Bombay High Court) only certifies that a will is genuine; it does not validate a will's substantive effect where it conflicts with the inheritance rights (the "legitime") guaranteed to heirs under the applicable succession law. Accordingly, the Bombay property could not simply be willed away outside the Civil Code's inheritance scheme, the High Court's judgment was set aside, and the earlier order including the Bombay property in the Goa inventory proceedings was restored.

Lesson Learnt

For persons domiciled in Goa, the Portuguese Civil Code's succession rules (including protected inheritance shares for legal heirs) follow them and apply to all their properties across India, not just property within Goa, and obtaining probate of a will does not override those statutory inheritance rights.

Official source (sci.gov.in)View Judgment (PDF)

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