MARGAO: In a landmark judgment, the High Court (HC) of Bombay at Goa has addressed a crucial legal question regarding the interpretation of Article 1766 of the Portuguese Civil Code. Article 1766 of the Portuguese Civil Code corresponds to Section 219 of the Goa Succession Special Notaries and Inventory Proceedings Act 2012. The case involved the validity of wills executed by two spouses.
The second appeal was brought against the Judgment and Decree of the Ad-hoc District Judge-1, FTC Panaji which declared the wills ineffective. The HC, upon admitting the appeal, focused on determining whether the wills breached Article 1766 of the Portuguese Civil Code.
One of the key issues addressed by the HC was whether the requirement of “consent by authentic form” under Article 1766 necessitated the execution of a separate document (consent deed) by the testators. Contrary to the interpretation of the first appellate court, the HC clarified that “authentic form” did not equate to “authentic document”.
The court further emphasised that the legislature’s use of distinct expressions within the same legal framework should not be lightly construed as having the same meaning unless strong reasons exist.
Furthermore, it highlighted that Article 1766 does not prescribe a specific form for expressing spousal consent, as long as it is manifested in an authentic form or an authentic document. By bequeathing identical property/share to a heir on identical terms at almost the same time and in front of the same Sub-Registrar, interpreter, and witnesses, the spouses had manifested their respective consents by authentic documents; each of the two wills (which are authentic documents) constituted separate documents qua each other manifesting the consents of each of the spouses, the HC held.
This HC judgment is set to have a significant impact on the legal landscape in Goa, particularly concerning wills executed by spouses and the consent required for bequeathing specific assets. By providing clarity on the interpretation of Article 1766, the HC has addressed a “grey area” in Goa’s succession law, providing guidance for future cases involving similar issues.