UMA MAHESH BANDEKAR AND ANOTHER versus VIVEK SADANAND MARATHE AND OTHERS

Citation: [2019] 5 S.C.R. 357 · Decided: 13-03-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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UMA MAHESH BANDEKAR AND ANOTHER
v.
 VIVEK SADANAND MARATHE AND OTHERS
.
(Civil Appeal No.2961 of 2019)
  MARCH 13, 2019
[L. NAGESWARA RAO AND M.R. SHAH, JJ.]
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.
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[2019] 5 S.C.R. 357
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SUPREME COURT REPORTS
[2019]  5 S.C.R.
Allowing the appeal, the Court
HELD: 1.The short question which is posed for
consideration before this Court is, right of a married daughter by
way of succession in the “lease premises” and whether with
respect to “lease premises”, a married daughter shall have a
right of succession, vis a vis,  Succession, Special Notaries and
Inventory Proceeding Act, 2012 or not?  [Para 6.1] [366-E-F]
2. At the outset, it is required to be noted that the
proceedings before the inventory court as well as the High Court
were under the provisions of the Inventory Proceeding Act, 2012/
Portuguese Civil Code, which shall be continued on enactment
of the Inventory Proceeding Act, 2012, as if those proceedings
were/are initiated under the Inventory Proceeding Act, 2012 (in
view of Section 460 of the Inventory Proceeding Act, 2012).  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
Daman & Diu Buildings (Lease, Rent and Eviction) Control Act,
1968.  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.  Therefore, what is required to be
considered is whether under the provisions of the Portuguese
Civil Code and on enactment of Inventory Proceeding Act, 2012,
whether the married daughter would have a right of succession
in the “lease premises” or not? [Para 9] [368-H; 369-A-E]
3. Considering the relevant provisions of the Inventory
Proceeding Act, 2012, first of all, it i

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