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Supreme Court of India 2019-03-13 allowed

Uma Mahesh Bandekar and Another vs Vivek Sadanand Marathe and Others

Bench: 2 — M.R. Shah

In Brief

A married daughter challenged her exclusion from inheritance proceedings concerning a leasehold property. The lower courts relied on the Goa Rent Act to deny her succession rights. The Supreme Court held that succession in inventory proceedings is governed by the Portuguese Civil Code (1867) and the Inventory Proceeding Act (2012), not the Goa Rent Act. Under both laws, married daughters have equal succession rights to unmarried daughters and sons. The Court quashed the lower orders and held that the leasehold property must be included in the estate for partition.

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Succession Law Inheritance Family Law Property Law Inventory Proceedings Portuguese Civil Code Gender Discrimination

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