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Under Goa Succession Law - Married Daughter Also Has a Right Of Succession

TITLE OF THE CASE

Uma Mahesh Bandekar And Another V. Vivek Sadanand Marathe

CITATION

JT 2019(3) SC 546 Civil Appeal No. 2961 of 2019

BENCH

Justice L. Nageswara Rao and Justice MR Shah


LAWS APPLIED

Goa Succession, Special Notaries and Inventory Proceeding Act, 2012


ISSUE

Whether Married Daughter has a right of succession in the 'Lease Premises' under Goa Succession Law?


DECISION

As per the proviso of 68 of the Inventory Proceeding Act, 2012 all the children and their descendants succeed to their respective parents and other ascendants without distinction of sex or age. Thus come under the provisions of the erstwhile Portuguese Civil Code 1867 or under the provisions of the Inventory Proceeding Act, 2012, there is no further classification made between a daughter married or unmarried son. Therefore, considering the scheme under 19 provisions of the erstwhile by Portuguese Civil Code and as per the sections of the Inventory Proceeding Act, 2012, which has come into effect with effect from 19.09.2016 even the married daughter would have a right of succession in the leased premises.


The court further pronounced that, it is obvious to be noted that the proceedings before the inventory court and the high court were not at all with respect to Goa Rent Act. The proceedings were not between the landlord and the tenant. The provisions of the Goa Rent Act shall be applicable with respect to the dispute between the landlord and tenant. As per the preamble of The Goa Rent Act, it has been enacted for control of rents and omissions.


At the cost of repetition, it is therefore observed that the dispute was neither under the provisions of the Goa Rent Act nor between the landlord and tenant and therefore both, the inventory code, as well as the high court, have erred in considering the provisions of the Goa Rent Act, more particularly in Section 2(o) of the Goa Rent Act. The only question which was before the inventory court and the High Court was in respect of the rights of succession of a married daughter in the leased premises under the provisions of the Portuguese Civil Code and subsequently under the provisions of the Inventory Proceeding Act, 2012.

ABOUT THE AUTHOR

Vijayalakshmi Raju, Final year law student BA LL.B (Honours) from Dr Ambedkar Global Law Institute Tirupati, A.P (India).

You can contact at https://www.linkedin.com/in/vijayalakshmi-raju-bb03b7170

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