The court clarified that the rights to estate assets and participation in inventory proceedings are strictly governed by the applicable matrimonial regimes under Portuguese law.

ORAL JUDGMENT

1. The challenge in this Appeal preferred by the appellant is to an order dated 04.02.2022 passed by the Court of Civil Judge, Senior Division, at Margao, (hereinafter referred to as the 'Inventory Court' for short) in Regular Inventory Proceeding no.33/2010/I. The Inventory court by the impugned order has allowed the application dated 01.02.2021, fled by the respondent no.2 (head of the family), by which the deletion of the appellant’s name as an interested party was prayed for, consequently, the name of the appellant from the array of parties in the Inventory Proceedings came to be deleted.

2.The appellant (wife) and respondent no.1 (husband)married on 14.06.1980. The appellant's mother in law (Lucinda Rebello Pereira) died in 1982. The appellant and respondent no.1 sought their divorce by mutual consent. The divorce was granted by the Court in Portugal on13.11.1984.

3.The respondent no.1 was born within the territory of Goa pre-liberation. Goa was liberated on 19th December, 1961. The Respondent no.1, though was born within the territory of Goa pre-liberation, has later on acquired Portuguese Nationality. The respondent, prior to acquiring Portuguese Nationality was an Indian citizen of Goan origin. So far as the appellant is concerned, she was born in Portugal and has always been a Portuguese National.

4.To appreciate the controversy involved in this appeal, I need to note the relevant legislation in the context of liberation of Goa. By an amendment dated 27.03.1962 to the Constitution of India, the liberated territories of Goa, Daman and Diu were incorporated within the territories of Goa with the status of Union Territories. On 05.03.1962, 'Goa, Daman and Diu Administration Ordinance' was issued and in terms of Section 5 of the said ordinance, all laws in force immediately before the appointed date in Goa, Daman and Diu or any part thereof, were to continue to be in force until amended or repealed by a competent legislature. On 27.03.1962, 'Goa, Daman and Diu Administration Act' was passed. In terms of Section 5 , all laws in force immediately before the appointed date in Goa, Daman and Diu or any part thereof were to continue to be in force until amended or repealed by a competent legislature. On 28.03.1962, the Citizenship Order was issued. Section 2 of the Citizenship Order contemplates that every person who or either of whose parents or any of whose parents were born before 20th December, 1961 in the territories now comprised in the Union Territory of Goa, Daman and Diu shall be deemed to have become a citizen of India on that day.

5. The inventory proceedings are initiated under the provisions of the Portuguese Civil Code , 1867. So far as Portugal is concerned, the New Civil Code of 1966 came into force in Portugal on 01.06.1967, which contemplates communion of assets.

6. The appellant and the respondent no.1, both Portuguese citizens, married in Portugal, later on divorced in 1984 as per the matrimonial laws prevailing in Portugal.

7. The respondent no.1’s father-Minguel Alcantara Francisco Pereira, died in 1993. The respondent no.1’s mother-Lucinda Rebello Pereira, died in 1982. In 2006, the