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The inclusion of such gifts is also supported by the fact that inventory proceedings aim to list all assets, including jewelry or gold received as gifts, unless they are explicitly excluded by law or proven to be separate property. ["DR. RAJENDRA TAMBA AND ANR vs RITA @ ANJALI VIJAY TALAULIKAR AND 4 ORS - Bombay"]
Analysis and Conclusion:
In the unique legal landscape of Goa, where the Portuguese Civil Code of 1867 still governs many succession matters, families often face questions about what constitutes part of a deceased person's estate. Imagine a widow who received gold jewelry as a traditional gift at her wedding—does this personal asset need to be declared in the formal inventory proceedings following her spouse's or her own death? This is a common concern for Goan families blending custom with law.
The question at hand is: Is gold gifted to a widow at the time of marriage to be listed in the Inventory Proceedings under Portuguese law in Goa? Under Portuguese law as applicable in Goa, such gold is generally considered part of her property and must be listed. Let's break this down step by step, drawing from key legal precedents and principles.
The Portuguese Civil Code recognizes that traditional presents, including gold, given to a woman are her absolute property during coverture R. Kuppayee VS Raja Gounder - 2003 8 Supreme 691. This means gifts like gold at marriage vest fully in the recipient, forming part of her estate upon death.
Inventory proceedings in Goa are a meticulous process under the Portuguese Civil Code, requiring a complete description of all assets and liabilities of the deceased, including movable property like gold Navin M. Raheja VS Union of India - 2009 0 Supreme(SC) 1915. These proceedings ensure fair division among successors by cataloging everything from immovable land to jewelry.
Gifts made to a woman at marriage, often termed stridhan in Indian contexts but recognized similarly under Portuguese law, are her absolute property. The law states: traditional presents, including gold, given to a woman, are her absolute property during coverture R. Kuppayee VS Raja Gounder - 2003 8 Supreme 691. Courts have emphasized full ownership rights, distinguishing these from entrustment or family property unless proven otherwise Pratibha Rani VS Suraj Kumar - 1985 0 Supreme(SC) 90.
This aligns with Goa's succession framework, where the Portuguese Civil Code prevails as a special law for domiciles, even overriding parts of the Indian Succession Act, 1925, for properties anywhere in India JOSE PAULO COUTINHO VS MARIA LUIZA VALENTINA PEREIRA - 2019 Supreme(SC) 1014. For instance, Portuguese Civil Code, 1867 as applicable in State of Goa, which shall govern rights of succession and inheritance even in respect of properties of a Goan domicile situated outside Goa, anywhere in India JOSE PAULO COUTINHO VS MARIA LUIZA VALENTINA PEREIRA - 2019 Supreme(SC) 1014.
Article 24 of the Portuguese Civil Code limits inventory to properties situated in Goa, excluding out-of-state immovables governed by the Indian Succession Act MARIA LUIZA VALENTINA PEREIRA VS JOSE PAULO COUTINHO - 2008 Supreme(Bom) 1129. However, movable assets like gold, wherever held, fall under the estate if owned by the deceased. Immovable properties situated in the State would be governed by Code of 1867... Immovable property situated outside Goa would be governed by provisions of Section 5 of Act of 1925 MARIA LUIZA VALENTINA PEREIRA VS JOSE PAULO COUTINHO - 2008 Supreme(Bom) 1129.
In practice, gold gifted at marriage is treated as the widow's personal asset, includable regardless of location, as inventory captures all movables of the estate Navin M. Raheja VS Union of India - 2009 0 Supreme(SC) 1915. Cases confirm: inventory proceedings require listing all assets, movable and immovable, including gifts and assets acquired by the estate or heirs Navin M. Raheja VS Union of India - 2009 0 Supreme(SC) 1915.
Judgments affirm that such property is her absolute property and should be listed in the inventory proceedings R. Kuppayee VS Raja Gounder - 2003 8 Supreme 691. No distinction is made between marriage-time or later gifts; if part of the estate, they are listed. This holds unless evidence shows entrustment: gifts made to her are her property unless proven otherwise Pratibha Rani VS Suraj Kumar - 1985 0 Supreme(SC) 90.
Related rulings highlight inventory's non-adversarial nature, focusing on comprehensive asset lists for partition REGINALD BAPTIST LOBO AND 3 ORS vs SHRI. ROBERT D'SOUZA AND 28 ORS. For Goan domiciles, even foreign properties may invoke unity of succession principles, though practically limited to Goa situs for immovables JOSE PAULO COUTINHO VS MARIA LUIZA VALENTINA PEREIRA - 2019 Supreme(SC) 1014.
Post-1961 liberation, the Code remains Indian law for Goans: Civil Code has been enforced in Goa... by an Act of Indian Parliament and becomes an Indian law – It is no longer a foreign law JOSE PAULO COUTINHO VS MARIA LUIZA VALENTINA PEREIRA - 2019 Supreme(SC) 1014. This ensures continuity, with inventory proceedings handling estates under Articles like 1065-1121 for matrimonial regimes Candida Conceicao Texeira Freitas vs Mr. Ganganeli Jose Julio Pereira - 2023 Supreme(Online)(Bom) 1789.
In one case, a former spouse's rights were excluded post-divorce, underscoring strict adherence to regimes in inventory Candida Conceicao Texeira Freitas vs Mr. Ganganeli Jose Julio Pereira - 2023 Supreme(Online)(Bom) 1789.
While inclusion is the rule, exceptions exist:- Proof of Condition or Fraud: If a gift was conditional or involved misappropriation, it may be excluded, but gifts are presumed owned by the recipient absent agreement Pratibha Rani VS Suraj Kumar - 1985 0 Supreme(SC) 90.- Non-Goa Immovables: Strictly outside scope MARIA LUIZA VALENTINA PEREIRA VS JOSE PAULO COUTINHO - 2008 Supreme(Bom) 1129.- Jurisdictional Nuances: Civil courts in Goa handle succession certificates under Indian law where applicable, but inventory follows Portuguese Code SMT.MARIA L.V.PEREIRA and ANR vs SHRI JOSE PAULO COUTINHO and ORS.
No blanket exemption for marriage gold; documentation is key.
Under Portuguese law in Goa, gold gifted to a widow at marriage is typically her absolute property and must be listed in inventory proceedings to ensure accurate estate division Navin M. Raheja VS Union of India - 2009 0 Supreme(SC) 1915R. Kuppayee VS Raja Gounder - 2003 8 Supreme 691Pratibha Rani VS Suraj Kumar - 1985 0 Supreme(SC) 90. This upholds transparency in succession.
However, specifics depend on facts like proof of gift nature or property location. This article provides general insights based on precedents and is not legal advice. Consult a qualified lawyer in Goa for your situation, as laws evolve and cases vary.
For more on Goa's unique legal blend, stay tuned to our blog.
#GoaLaw, #PortugueseCivilCode, #InventoryProceedings
could be subjected to the inventory proceedings. ... spouses are domiciled in Goa, in respect of a marriage performed outside Goa but in any other State of the Union, they would be governed by their personal laws insofar as dissolution of marriage is concerned. ... deceased shall be regulated by law of India, wherever such person deceased may have had his domicile at the time of his death. ... what should happen when Article 24 of the Code makes a sp....
Proceedings. ... proceedings. ... That the disputed property had to be excluded from the inventory proceedings and that it would be governed by law in law?
Proceedings. ... One should keep in mind that in the Portuguese Law as applicable to the State of Goa, there are proceedings and have been rightly excluded by the trial Court.
To give a finding it would have to be considered whether the respondent at the time of his marriage was a citizen of India or had continued to maintain Portuguese nationality at the time of Liberation or when the Citizenship Order conferring citizenship to Portuguese nationals of Goan origin was passed ... There is no material on record to hold that at the time of marriage the respondent was governed by the personal law in force in Goa#HL_E....
It is never in dispute that they are both Portuguese citizens at the time of marriage and divorce. ... in the inventory proceedings as an interested party. ... The Inventory Proceedings in respect of the estate leavers are governed by the Portuguese Civil Code , 1867. ... At the time of liberation of Goa, respondent no.1 being Portuguese subject/citizen in pursuance to the Citizenship Order, the ....
One should keep in mind that in the Portuguese Law as applicable to the State of Goa, there are provisions of contracting out of law. One such provision is contained in Article 1096 which is an exception to the law that husband and wife shall share the property by equal shares i.e. communion. ... In such circumstances, items no. 3, 4, 5 and 6 could not have been included in the inventory proceedings and have been rightly excluded by the trial Court. ... Mainly, they o....
applicable in the State of Goa. ... would be applicable to the Inventory Proceedings as the Inventory adopted could not be said to be contrary to law. ... Proceedings have their genesis in the Inventory Proceedings bearing no. 221/1940. ... Proceedings.
During the pendency of the inventory proceedings Smt. ... The learned counsel has strenuously urged that during the subsistence of the marriage and the life time of the spouses, stringent conditions ... The brief facts are that, the aforesaid inventory proceedings have been the Portuguese High Court which are in Portuguese. ... Proceedings No.97/2014/B.
D- 33 for stay of the inventory proceedings, though not having quoted any speciic provision of law in the application, obviously under Article 284 of the Portuguese Civil Procedure Code, 1939. ... (iv) hat the pendency of the proceedings before the Singapore Court hold no bearing on the inventory proceedings in Goa considering that the proceedings in Singapore are governed by the provisions of Singapore Law. ... ....
He contended that the Inventory Proceedings are not like adversarial suit. ... In the course of the proceedings, Cabeca de Casal listed certain properties as belonging to the deceased grand inventory proceedings who have no right to the properties of the ... Inventory Proceedings no. 47/1997/B for partitioning the estate of the deceased Reginaldo Baptist Lobo and his wife Felicidade provides for the manner in which the propert....
He invoked the doctrine of renvoi to urge that since the citizens of Goa were governed by a foreign law, this Court would apply the foreign law to the citizens of Goa. He further submitted that under the Portuguese law there is principle of unity of succession of the property of a deceased Portuguese citizen whether situated within or outside the country, which are to be included for the purpose of inventory proceedings. According to him, the judgment of the learned Single Judge does not lay down the correct law and the judgment of the Division Bench should be approved. He ....
Suriaji passed away in the year 1925 after the gift. It is thereafter that inventory proceedings took place in regard to the properties of Suriaji under the Portuguese Civil Code. The documentary evidence is found by the first appellate Court to establish that ¼ of property ‘M’ and ½ of property ‘B’ stood allotted in the name of Shantibai, the widow of the Suriaji. Gones stood as vogal apparently on behalf of the minor children of Suriaji under the Portugues Civil Code.
The appellant was employed in the armed forces and was posted at Jammu and Kashmir. 2. Prosecution case as levelled against the appellant is to the effect that the appellant was married to Aklima, daughter of Nayeb, P.W.5 on 18.03.2009. After marriage Aklima started residing at her matrimonial home at village Golapara, P.O. Golapara, P.S. Abhyapuri, Dist. Bongaigaon, Assam. At the time of marriage, a motorcycle, gold ornaments and other articles were gifted to the appellant.
Rs. 1,06,607/- 10. 40 sovereigns of gold jewels gifted to A2 as marriage seenthanam by her parents at the time of her marriage with A.1 in the year 1975. Rs. 19,488.50 8. A dry land of 1 acre and 23 cents in S. No. 342 at Mariammankovilpatti hamlet of Veerapandi Village as per Doc. No. 2928/87 dated 27.10.1987 of Theni Sub-Registry purchased in the name of Tmt. Dhanpackiam [A.3] from Tr. Perumal Thevar Rs. 16,536.00 9. A dry land of 4 acres and ....
It was contended that the application was frivolous and was filed only to delay the proceedings. It was contended that DT was also otherwise entitled to 1/3rd share in the share of ST. In fact, in the Inventory Proceedings, AT has admitted that under the Portuguese Civil Code, DT is entitled to 1/3rd in the share of ST.
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