Succession and Inheritance of Goan Domicile shall be governed by Portuguese Civil Code

The Supreme Court has held that the rights of succession and inheritance of a Goan domicile shall be governed by the Portuguese Civil Code, 1867 as applicable in the State of Goa. Rights of succession and inheritance even in respect of properties of a Goan domicile situated outside Goa, anywhere in India would also be governed by the said Code.

The said ruling was held in the matter of Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira (Civil Appeal No. 7378 of 2010), decided on 13.09.2019

Challenge

The issue considered by the Apex court in the instant matter was whether succession to the property of a Goan situate outside Goa in India will be governed by the Portuguese Civil Code, 1867 as applicable in the State of Goa or the Indian Succession Act, 1925.

Held

It was held that although the Portuguese Civil Code had foreign origin but it became a part of the Indian laws by an Act of the Parliament of India and in sum and substance, is an Indian law. Goa being a territory of India, all domiciles of Goa are citizens of India; the Portuguese Civil Code is applicable only on account of the Ordinance and the Act of the Parliament. Therefore, it is crystal clear that the Code is an Indian law and no principles of private international law are applicable to this case.

It was further held that the Portuguese Civil Code being a special Act, applicable only to the domiciles of Goa, will be applicable to the Goan domiciles in respect to all the properties wherever they be situated in India whether within Goa or outside Goa and Section 5 of the Indian Succession Act or the laws of succession would not be applicable to such Goan domiciles.