22002244::BBHHCC--GGOOAA::11222244 Meena IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.1379 OF 2024 (FILING NO.)

1 Ms. Papiya Sarkar, .....Petitioners Widow of Som. Subhra Sarkar, 69 years of age, Housewife, Married, Indian National, Residing at House No.B, 784, Sushant Lok Phase-1, Galleria, DLF IV, S.O., Gurgaon, Haryana

122009.

2. Mr. Yzudhamanyue Sarkar Son of Late Som. Subhra Sarkar, 43 years of age, Business, Single, Indian National, Residing at House No.B, 784, Sushant Lok Phase-1, Galleria, DLF IV, S.O., Gurgaon, Haryana

122009.

v/s.

Mr. Som Subhra Sarkar (since deceased)

…..Respondent Son of Late Mohit Chandra Sarkar, Married, Indian National, Resident of House No.B, 784, Sushant Lok Phase-1, Galleria, DLF IV, S.O., Gurgaon, Haryana 122009.

Mr. Iftikhar Agha with Ms. Valencia Fernandes, Advocates for the Petitioners.

CORAM: BHARAT P. DESHPANDE, J RESERVED ON: 10^th July,2024 PRONOUNCED ON: 01^st August, 2024

JUDGMENT :

1. Rule. Rule is made returnable forthwith.

2. The matter is taken up for final disposal at the admission stage as it is necessary to decide the question of Forum before whom applications under Section 372 r/w. Section 370 of the Indian Succession Act,1925 would lie for the grant of Certificate of Succession.

3. Heard Mr. Iftikar Agha, learned Counsel appearing for the Petitioners.

4. The application was filed before the learned Civil Judge, Senior Division, Bicholim for grant of Heirship Certificate under the provisions of Indian Succession Act. Though such application was entertained, it was rejected only on the ground that such applications are dealt with by the District Court.

5. Mr. Agha placed some of the orders on record passed by the Civil Court and more specifically in Vasco wherein such applications for grant of Succession Certificate were entertained and disposed of by the Civil Judge Senior Division. He would submit that the provisions of the Indian Succession Act, 1925 are not brought into force in Goa till date and therefore the Forum provided under the said Act for the purpose of grant of Succession Certificate cannot be applied to the Courts in Goa. He submits that Section 371 of the Indian Succession Act provide that the District Judge within whose jurisdiction the deceased ordinarily resides at the time of his death or if at that time he had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found, may grant a Certificate under the said Act, would mean that the Court of competent jurisdiction dealing with succession in the State of Goa.

6. Mr. Agha would submit that the party cannot have a right to choose Forum and it is as per the local laws which are prevalent in the State of Goa, the jurisdiction would be conferred on such Courts to decide the matters regarding succession.

7. Mr. Agha would further states that in the State of Goa the The Goa Succession, Special Notaries and Inventory Proceeding Act,2012 provides different procedure wherein there is no question of grant of Succession Certificate but a succession is decided during inventory proceedings. He submits that the effect of deciding succession during inventory proceedings would clearly mean that the competent Court upon the valuation of the inventory will have power to decide such issue.

8. Mr. Agha would further submit that the Civil Courts are empowered to deal with the inventory proceedings which include succession and therefore the Civil Courts in Goa will have jurisdiction to grant Succession Certificate as if the same is provided for the parties who are not governed by the Goan laws. He submits that parties carry their own personal laws and therefore the Petitioners in the present matter being non-goan and Hindus, are entitled to apply for Succession Certificate on the ground that the deceased lastly resided or left immovable properties within the jurisdiction of the concerned Civil Court.

9. Mr. Agha would submit that the learned trial Court, while rejecting the