NDLI: Uma Mahesh Bandekar and Another Vs. Vivek Sadanand Marathe and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1968 ss.2(o) Goa Daman & Diu Buildings (Lease lease premises’ Rent and Eviction) Control Act 59
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Goa, Daman & Diu Buildings (lease, Rent and Eviction) Control Act, 1968 (2 of 1969)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Goa Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 – ss.2(o), 59 – Portuguese Civil Code, 1867 – Decree No.43525 – Succession, Special Notaries and Inventory Proceeding Act, 2012 – ss.3, 5, 9, 6, 8 and 399 – After death of parents, respondent No.1-brother of appellant no.1 initiated/filed the inventory proceedings before the Inventory Court with the list of assets which did not include the ‘lease premises’ – Appellants objected the non-inclusion of ‘lease premises’ in the inventory proceedings/list of assets – Inventory Court dismissed the objections of the appellants – High Court confirmed the dismissal by the Inventory Court and held that considering s.2(o) of the Goa Rent Act, appellant no.1-a married daughter has no right in the ‘lease premises’ and a married daughter cannot be said to be a tenant of the ‘lease premises’ in view of s.2(o) of the Goa Rent Act – On appeal, held: 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 had erred in considering the provisions of the Goa Rent Act, particularly s.2(o) of the Goa Rent Act – Under the provisions of the erstwhile Portuguese Civil Code and/or under the provisions of the Inventory Proceeding Act, 2012, there is no further classification between a daughter married or unmarried and son – Therefore, considering the scheme and the provisions of the erstwhile Portuguese Civil Code and as per the provisions of the Inventory Proceeding Act, 2012, even the married daughter would have a right of succession in the ‘lease premises’ – In the instant case, appellant no.1 being married daughter shall have a right of succession in the ‘lease premises’ and the same ought to have been included in the list of assets in inventory proceedings – Thus, impugned orders passed by the inventory court and the High Court quashed and set aside.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 359
Petitioner	Uma Mahesh Bandekar And Another
Respondent	Vivek Sadanand Marathe And Others
SCR	[2019] 5 S.C.R. 357
Judgement Date	2019-03-13
Case Number	2961

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Uma Mahesh Bandekar and Another Vs. Vivek Sadanand Marathe and Others

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Uma Mahesh Bandekar and Another Vs. Vivek Sadanand Marathe and Others

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