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Supreme Court of India 2019-09-13 allowed

Jose Paulo Coutinho vs Maria Luiza Valentina Pereira & Anr

Bench: 2 — Deepak Gupta

In Brief

A Goan domicile purchased property in Bombay in 1955 and bequeathed it by will to his youngest daughter. Following his death in 1967, the youngest daughter received probate from the Bombay High Court. However, when inventory proceedings under the Portuguese Civil Code were initiated for his properties in Goa, the question arose whether this Bombay property should be included. The High Court excluded it, holding that properties outside Goa were governed by the Indian Succession Act. The Supreme Court reversed this, holding that the Portuguese Civil Code—now incorporated as Indian law through legislative adoption—applies to all Goan domiciles' properties regardless of location within India, ensuring unity of succession and proper calculation of the legitime (mandatory heirs' portion).

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Succession and Inheritance Private International Law Territorial Application of Laws Portuguese Civil Code Goa and Indian Union Uniform Civil Code Special and Local Laws

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