Case Note & Summary
The case involves a dispute over the inclusion of lease premises in inventory proceedings for the estate of Late Sadanand V. Marathe and Late Nirmalabai S. Marathe. The appellants, Uma Mahesh Bandekar (a married daughter) and another, challenged the exclusion of the lease premises from the inventory list by the Inventory Court and the High Court of Bombay at Goa. The parents died in 1985 and 1998, respectively. Respondent No.1, the brother, filed Regular Inventory Proceedings No.11/2013/C in 2013. The appellants objected to the revised list of assets for not including the lease premises, which was a tenanted property of a partnership firm. The Inventory Court dismissed the objections, and the High Court affirmed, relying on Section 2(o) of the Goa Rent Act, which defines 'tenant' and excludes married daughters. The High Court also held that Decree No. 43525 of the Portuguese Civil Code stood repealed under Section 59 of the Goa Rent Act. The Supreme Court considered the appeal, noting that during pendency, the Inventory Court passed a final order excluding the lease premises. The appellants argued that the Inventory Proceeding Act, 2012, governs succession and does not discriminate against married daughters, citing Sections 3, 5, 9, 68, and 399. The respondents contended the appeal was infructuous due to the final order and that the Goa Rent Act applies. The Supreme Court analyzed the applicability of the Inventory Proceeding Act versus the Goa Rent Act, emphasizing that inventory proceedings are for inheritance, not landlord-tenant disputes. The court held that the Inventory Proceeding Act, 2012, is the relevant law for succession, and under it, married daughters have equal rights. The court allowed the appeal, setting aside the High Court's order and directing the inclusion of the lease premises in the inventory proceedings.
Headnote
A) Succession Law - Inventory Proceedings - Rights of Married Daughter - Goa Succession, Special Notaries and Inventory Proceeding Act, 2012, Sections 3, 5, 9, 68, 399 - The court considered whether a married daughter is entitled to inherit lease premises in inventory proceedings. The appellants argued that under the Inventory Proceeding Act, 2012, there is no distinction between married and unmarried daughters or sons, and the lease premises should be included in the estate. The court examined the applicability of the Goa Rent Act and held that the Inventory Proceeding Act governs succession, not the Rent Act. (Paras 3-4) B) Rent Control - Definition of Tenant - Married Daughter - Goa Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, Section 2(o) - The High Court had relied on Section 2(o) to exclude married daughters from tenancy rights. However, the Supreme Court noted that the proceedings were for inheritance, not landlord-tenant disputes, and thus the Rent Act's definition was not applicable. (Paras 3.2, 4.5) C) Repeal and Savings - Portuguese Civil Code - Goa Rent Act, 1968, Section 59 - The respondents argued that Decree No. 43525 of the Portuguese Civil Code stood repealed under Section 59 of the Goa Rent Act. The court considered this but focused on the Inventory Proceeding Act as the governing law for succession. (Paras 3.2, 5.3)
Issue of Consideration
Whether a married daughter has a right of succession to lease premises in inventory proceedings under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012, and whether the definition of 'tenant' under the Goa Rent Act applies to such proceedings.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the High Court and the order of the Inventory Court, and directed that the lease premises be included in the inventory proceedings for partition according to law.
Law Points
- Succession rights of married daughter
- Applicability of Goa Rent Act vs. Inventory Proceeding Act
- Repeal of Portuguese Civil Code provisions
