NDLI: Jose Paulo Coutinho Vs. Maria Luizavalentina Pereira & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Applicability of principles of private international law Portuguese Civil Code 1867 Whether Portuguese Civil Code a foreign law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Succession Act, 1925 (39 of 1925) Goa, Daman and Diu (administration) Act (1 of 1962)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Portuguese Civil Code, 1867: Whether Portuguese Civil Code, a foreign law – Applicability of principles of private international law, to the Code – Held: Portuguese law which may have had foreign origin became a part of the Indian laws – It is an Indian law and no longer a foreign law – Goa is a territory of India, all domiciles of Goa are citizens of India – Portuguese Civil Code is applicable only on account of the Goa, Daman and Diu (Administration) Ordinance, 1962 and the Goa, Daman and Diu (Administration) Act, 1962 – Thus, the Portuguese Civil Code is an Indian law and no principles of private international law are applicable – Goa, Daman and Diu (Administration) Act, 1962. Property of a Goan domicile outside the territory of Goa, if governed by the Code or by Indian Succession Act or by personal laws, as applicable in the rest of the country – Held: Domicile of Goa, who starts living in Bombay or in any other part of India, cannot be said to be Portuguese and he cannot be said to be living in a foreign country – This person is only a Goan domicile living outside Goa in India, which is his country – Portuguese Civil Code being a special Act, applicable only to the domiciles of Goa, will be applicable to the Goan domiciles in respect to all the properties wherever they be situated in India whether within Goa or outside Goa and s. 5 of the Indian Succession Act or the laws of succession would not be applicable to such Goan domiciles – Indian Succession Act, 1925. Grant of probate by the High Court of Bombay at Goa in respect of the Will executed by the father – Effect of, on the laws of inheritance – Held: Jurisdiction of a probate court is limited to decide whether the Will is genuine or not – Grant of probate will not in any manner affect the rights of inheritance of all the legal heirs of the deceased – Portuguese Civil Code, 1867 as applicable in the State of Goa, shall govern the rights of succession and inheritance even in respect of properties of a Goan domicile situated outside Goa, anywhere in India. Interpretation of statutes: Principle of – Held: When there is a conflict between the general law and the special law then the special law shall prevail – This principle will apply with greater force to special law which is also additionally a local law – Its based on the latin maxim generalia specialibus non derogant i.e. general law yields to special law should they operate in the same field on the same subject.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2019 INSC 1029
Petitioner	Jose Paulo Coutinho
Respondent	Maria Luizavalentina Pereira & Anr.
SCR	[2019] 12 S.C.R. 390
Judgement Date	2019-09-13
Case Number	7378

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Jose Paulo Coutinho Vs. Maria Luizavalentina Pereira & Anr.

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