The Goa State Government has finally passed the long-pending ‘Goa Succession, Special Notaries, and Inventory Proceeding Bill, 2012’ on Friday in the Legislative Assembly of Goa. The new bill will replace the old Portuguese Civil Code. What the Old Portuguese Civil Code and what is the new Bill is all about? Read the complete report here.
[su_expand more_text=”READ MORE” less_text=” ” height=”0″ hide_less=”yes” link_style=”button” link_align=”center”]On Friday, August 5, Goa State Assembly passed the new ‘Goa Succession, Special Notaries, and Inventory Proceeding Bill, 2012’ replacing Old Portuguese Civil Code. The bill which was pending for more than three years was finally passed on Friday unanimously. According to the sources, the new bill proposes to replace the Old Portuguese Civil Code on Succession, inventory and national law with the state laws to meet the present day requirements.
The bill was tabled first in 2012 and it was referred to the House Select Committee for consideration and it was decided to present the bill in the original format for passing. Deputy Chief Minister and Minister for Revenue Francis D’Souza on Friday tabled the Bill in the House. “Considering the need to take into account the social changes and the new situations arising from the fact that Goa is now a state of the Union of India and Goans are citizens of India and considering also that the laws which in force were applicable to an altogether different set of political circumstances, it has become necessary to amend the law to meet the present day requirements and to make it workable,” the Bill reads. While passing the bill, Deputy Speaker Vishnu Wagh, who was chairing the session, said that the Bill is a first of its kind passed in the country and could set an example to other states.
Right from Liberation the provisions of the law relating to succession, notaries, and inventory proceeding were dispersed in the Civil Code, 1867, in force with effect from August 1, 1870, as amended from time to time; the Civil Procedure Code of 1939 in force from January 1, 1941; Notaries law dated November 14, 1952, became laws of the land by virtue of section 5 of the Goa, Daman and Diu (Administration) Act, 1962 (1 of 1962) until amended.
The new bill is intended to consolidate the various provisions of the law pertaining to the succession and inventory proceedings in property matters and notarizes into one ‘comprehensive, rational and integrated legislation to facilitate their application and implementation by the bench, the bar, and litigants’. “A pressing need was felt to consolidate the various provisions of law into one comprehensive, rational and integrated legislation, to facilitate their application and implementation by the Bench, the Bar, and the litigants,” states the bill.
According to the sources, the new Bill also takes a more humane and fair outlook on illegitimacy, on mentally challenged persons, and on those who were earlier denied property rights because of social stigma.
This bill was passed keeping in mind the need of the social changes and the new situations arising from the fact that Goa is now a state of the Union of India and Goans are citizens of India and considering also that the laws, which in force were applicable to an altogether different set of political circumstances, it has become necessary to amend the law to meet present day requirements and to make it workable,” the statements of objects in Bill said.
The new bill changes replace all the old practices pertaining to the succession and inventory proceedings in the state of Goa which was followed by Goan with the Old Portuguese Civil Code. The new amendment will make the procedure more transparent and easier claimed the sources. What is your opinion? Please do share your valuable feedback and suggestions on this issue.
Source: Various sources
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