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GOA SUCCESSION LAW ACCORDS MARRIED DAUGHTER EQUAL RIGHT IN SUCCESSION OF LEASE PREMISES: Supreme Court

Team SoOLEGAL 14 Mar 2019 10:17am

GOA SUCCESSION LAW ACCORDS MARRIED DAUGHTER EQUAL RIGHT IN SUCCESSION OF LEASE PREMISES: Supreme Court

Supreme Court bench comprising of Justice L. Nageswara Rao and Justice MR Shah considered appeal against an order by the Bombay High Court, situated at Goa which had confirmed an order passed by the Inventory Court holding that a married daughter has no right in the "lease premises" and therefore the same cannot be subjected to the inventory proceedings.

The Supreme Court focused on the issue whether a married daughter will still have a right of succession relating to lease premises  or not.

The bench observed that a married woman would definitely have a right in such property as per the provisions of Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 

While referring to the Act's various provisions, it was observed that as Section 5 of the said Act does not differentiate between the daughter married or unmarried and son. Thus, no dispute arises as to a daughter having any right to succeed in the parents' property, including a leased out one.

It was further held that the High Court and Inventory Court, both have made an error while considering the Rent Act.  The only question which needed to be answered  by both related to succession rights of a married daughter in the "lease premises" under the provisions of the Portuguese Civil Code and subsequently under the provisions of the Inventory Proceeding Act, 2012. The bench said: 
"It is required 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 Goa Rent Act shall be applicable with respect to dispute between the landlord and the tenant. As per the preamble of the Goa Rent Act, it has been enacted for control of rents and evictions. At the cost of repetition, it is observed that the dispute was neither under the provisions of the Goa Rent Act nor between the landlord and the tenant and therefore both, the inventory court as well as the High Court have erred in considering the provisions of the Goa Rent Act, more particularly 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 "lease premises" under the provisions of the Portuguese Civil Code and subsequently under the provisions of the Inventory Proceeding Act, 2012." 

Also, that the legality under Portuguese Civil Code remains constant pursuant to the enactment and enforcement of the Inventory Proceeding Act, 2012, brought into force with effect from 19th September, 2016.



Tagged: SupremeCourt   Succession   MarriedDaughter   JusticeMRShah   JusticeLNageswaraRao   GoaSuccessionSpecialNotariesAndInventoryProceedingAct   2012  
Did you find this write up useful? YES 1 NO 0
Deepak poiguinkar   6 Jun 2021 9:56pm
Merrid daughter has right in tenant property???
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