Tuesday, September 8, 2026
Latest:
2026High CourtLatestLegal

Inheritance Dispute Highlights Lack of Jurisdiction in Birth Registration

legaldeli

Section 15 of the Registration of Births and Deaths Act, 1969

It is alleged that initially birth of the petitioner was registered on 21.6.1983 showing that he was born to one Rosy who was maid to Efigenia.  However, the second the entry of birth was made on 22.11.1999,in the Register of Births & Death as per section 13(3) of the Registration of Births and Deaths Act, 1969, showing Efignia as his mother.

When the petitioner claimed share in the ancestral property of Efignia Sabina Blanche Viegas that the respondent had discussed under RTI that the petitioner had second time registered the birth on 22.11.1999 showing the name of Efignia as mother, as per the order of Mamlatdar / Executive Magistrate.

The Commissioner had cancelled the said entry and registration by the impugned order dated 13.12.2023.

HELD it is made clear that Executive Magistrate in the State Government shall not exercise any jurisdiction in respect of cases of section 13(3) of Act of 1969 where non-registration of births or deaths exceeds one year of its occurrence. For rest of the provisions including section 13(1) and (2), proceedings as per the said provisions shall continue. his observation is confined to cases in respect of section 13(3) of the Act of 1969 only and not for other provisions of Act of 1969

Judgment dated 30.7.2026 of the High Court of Bobay at Goa in Writ Petition No.408 of 2024 of Savio Jose Xavier Viegas  Vs.   Dr. Mariano Godinho and another

You May Also Like

Bombay HC Upheld Arbitral Award of Rs.7.39 crores on dissolution of partnership firm of developers & rendition of accounts

legaldeli

Bombay HC – Charity Commissioner has no power to direct change of Trust Name – Section 70A of the Maharashtra Public Trusts Act – Deletion of the word “National” – Suo Motu Proceedings

legaldeli

Sound of the Law – Bombay HC Protects Live Music Orchestra in Restaurants for Entertainment Licence under the Maharashtra Police Act, 1951 and the Public Amusement Rules, 1999.

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“LD”), and is a resource for your informational and educational purposes only.

No Warranty: LD does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. LD assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: LD does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. LD is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about LD, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between LD and you.

I Agree