Synopsis

The state of goa amended the order of legal succession under section 52 of the goa succession act, 2012, placing the surviving spouse immediately after descendants (children) and before ascendants (parents) and siblings. Earlier, the spouse was fourth in order. Petitioners (parents of deceased intestate persons) challenged the amendments as arbitrary, violative of article 14, and also challenged the retrospective effect given to the 2023 amendment (deemed to come into force from 21.12.2016) as taking away vested rights. The bombay high court dismissed the petitions, holding that (i) the change in succession order is not manifestly arbitrary – the legislature is entitled to rectify the order and give precedence to spouse; (ii) the explanation to section 52 saves crystallised rights; only pending cases/appeals are governed by the new order; (iii) retrospective operation of a statute is permissible in the larger public interest and does not per se violate article 14.

Court: High Court of Bombay at Goa

Coram: Hon’ble Mrs. Justice Bharati Dangre and Hon’ble Mr. Justice Ashish S. Chavan (Division Bench)

Date of Judgment: 8th May 2026 (reserved on 18.03.2026, pronounced on 08.05.2026)

Citation: WP No. 81/2025 & WP No. 2486/2025 (unreported)

Core Law: Constitutional Law – Article 14 (manifest arbitrariness); Goa Succession, Special Notaries and Inventory Proceedings Act, 2012 – Section 52 (order of legal succession), amendments of 2022 and 2023; Retrospective operation of statutes.

1. Heading of the judgment

High court of bombay at goa civil appellate jurisdiction

Writ petition no. 81 of 2025 with misc. civil application no. 2610 of 2025 and no. 2666 of 2025 (f) and writ petition no. 2486 of 2025 (f)

Xavier agnelo minguel jose gracias (petitioner) vs. The state of goa, thr. the chief secretary and anr. (respondents)

Coram: hon’ble mrs. justice bharati dangre and hon’ble mr. justice ashish s. chavan

Reserved: 18th march, 2026; pronounced: 8th may, 2026

2. Legal framework

Major laws and provisions involved:

• Constitution of india, 1950 – article 14 (equality before law, prohibition of arbitrariness), article 300a (right to property)

• Goa succession, special notaries and inventory proceedings act, 2012 – section 52 (order of legal succession), section 72, 76, 77, 83 (consequential amendments)

• Goa succession, special notaries and inventory proceedings (amendment) act, 2022 (goa act 13 of 2022) – change

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