DEEPAK GUPTA, ANIRUDDHA BOSE
JOSE PAULO COUTINHO – Appellant
Versus
MARIA LUIZA VALENTINA PEREIRA – Respondent
Certainly. Based on the provided legal document, here are the key points:
The grant of probate is limited to verifying the genuineness of the Will and does not determine the validity of inheritance rights. Probate does not affect the legal rights of heirs or their entitlements under inheritance laws (!) (!) .
It is the Portuguese Civil Code, 1867, as applicable in the State of Goa, that governs rights of succession and inheritance for a Goan domicile, even if the property is situated outside Goa within India (!) .
The Portuguese Civil Code, which is of Portuguese origin, has been incorporated into Indian law through specific legislation, and therefore, it is no longer considered a foreign law. Consequently, principles of private international law are not applicable to this case (!) .
The applicability of the Portuguese Civil Code extends to all properties of domiciles of Goa, regardless of whether these properties are within Goa or elsewhere in India. Laws of succession such as the Indian Succession Act or personal laws do not apply to these properties (!) (!) .
When there is a conflict between general and special laws, the special law, especially when it is also a local law, prevails. This principle supports the application of the Portuguese Civil Code over the Indian Succession Act for Goan domiciles (!) (!) .
The legal concept of succession under the Portuguese Civil Code involves the idea of universal succession, where the estate of the deceased includes all rights and obligations, with certain exclusions such as personal assets or those disposed of by the deceased (!) (!) .
The law recognizes a right of legitime, which is a portion of the estate that heirs by birth cannot be deprived of. This applies to both properties within and outside Goa, and the calculation of this legitime considers the entire estate of the deceased (!) (!) (!) .
The principles of succession under the Portuguese Civil Code advocate for unity of succession, meaning the estate is treated as a whole, and all properties are considered collectively when applying succession rules (!) .
The law applicable to a property depends on its location, with the law of the place where the property is situated generally governing its succession, unless specific provisions or laws indicate otherwise (!) .
The grant of probate by a court does not impact the inheritance rights of heirs; it only confirms the genuineness of the Will. The legal rights of heirs, including those with rights by birth, remain unaffected by probate proceedings (!) (!) .
The applicable law for properties of a Goan domicile outside Goa is the Portuguese Civil Code, not the Indian Succession Act, and this applies to all such properties across India (!) (!) .
The legal framework established by legislation and historical context confirms that the Portuguese Civil Code is an integral part of Indian law for domiciles of Goa, and its provisions govern succession regardless of property location within India (!) (!) .
Please let me know if you need further clarification or assistance.
JUDGMENT
Deepak Gupta, J.
1. "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" is the question which arises for decision in this appeal.
2. One Joaquim Mariano Pereira (JMP) had three daughters viz., (1) Maria Luiza Valentina Pereira (ML), Respondent No.1 (2) Virginia Pereira and (3) Maria Augusta Antoneita Pereira Fernandes. He also had a wife named Claudina Lacerda Pereira. He lived in Bombay and purchased a property in Bombay in the year 1955. On 06.05.1957 he bequeathed this property at Bombay to his youngest daughter, Maria Luiza Valentina Pereira, Respondent No.1. He bequeathed Rs. 3000/- each to his other two daughters. His wife expired on 31.10.1960 when he was still alive. JMP died on 02.08.1967. The probate of the Will dated 06.05.1957 was granted by the High Court of Bombay, at Goa on 12.09.1980. Both the other daughters were served notice of the probate proceedings.
3. Goa was liberated from Portuguese rule on 19.12.1961. An ordinance being The Goa, Daman and Diu (Administration) Ordinance was promulgated on 05.03.1962 and there
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