Antigo Estado da Índia (Goa / Daman / Diu) retention by declaration

PT-HIS-03 addresses the nationality status of persons born in the territories of the former Antigo Estado da Índia (the Estado Português da Índia — principally Goa, Daman, and Diu) before India's annexation on 19 December 1961, and of their descendants.

Portugal's position, maintained since 1961 and not altered by LO 1/2026, is that it never recognised India's annexation of these territories. As a consequence, persons born in Goa, Daman, or Diu before 19 December 1961 are regarded by Portugal as Portuguese citizens of origin. DL 308-A/75, de 24 de junho de 1975 — the same decree-law that addressed nationality at PALOP independence — contains, in Art 1 alínea e), a specific provision conferring on persons from the former Estado da Índia the right to declare the intention to retain or acquire Portuguese nationality, with NO time limit on exercising that right.

This declaration right remains exercisable today (2026) for those who have not yet used it. LO 1/2026 made no changes to this historical entitlement. Descendants of holders also benefit through the general jus sanguinis chain (Lei 37/81 Art 1(1)(c) — child of a Portuguese national registered or declaring wish to be Portuguese).

Dadra and Nagar Haveli are treated distinctly: their annexation by India occurred in 1954, under different circumstances, and persons from those territories were NOT given the same declaration option.

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The person:

1. Was born in Goa, Daman, or Diu (Antigo Estado da Índia — the territories under Portuguese administration as of 18 December 1961); AND
2. Birth was before 19 December 1961 (the date of India's annexation — never recognised by Portugal).

Such persons are regarded by Portugal as Portuguese citizens of origin under DL 308-A/75 Art 1 alínea e). The declaration right confirming this status carries no time limit and can still be exercised today.

Track B — Descendants (via jus sanguinis)

Descendants of direct Track A holders may acquire Portuguese nationality through the general jus sanguinis chain of Art 1 Lei 37/81:

• Children of a Track A holder (filhos de português originário): Art 1(1)(a) (born in PT) or Art 1(1)(c) (born abroad, registered or declares wish) — PT-DSC-01
• Grandchildren of a Track A holder: Art 1(1)(d) (attribution with effective links battery) — PT-DSC-02
• Great-grandchildren of a Track A holder: Art 6(8) naturalisation with dispensation + 5y residence — PT-DSC-03

PT-HIS-03 captures the direct Track A right. Descendants access nationality through the canonical descent routes; this document covers only the primary Estado da Índia entitlement.

Dadra and Nagar Haveli — EXCLUDED

Persons connected to Dadra and Nagar Haveli (which were occupied by India in 1954 — before DL 308-A/75's reference period and under different circumstances) are NOT covered by the Art 1 alínea e) declaration right. This distinction is confirmed by secondary sources (S-C24, S-C25). No equivalent option for Dadra and Nagar Haveli residents has been identified in available primary sources.

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No residence requirement. No language requirement. The right is simply to declare the intention to retain/hold Portuguese nationality.

Documentary requirements:

1. Declaração de vontade: Written declaration expressing the wish to retain/hold Portuguese nationality under DL 308-A/75 Art 1 alínea e), filed with the CRC/IRN or (for those abroad) through a Portuguese consulate.

2. Proof of birth in Goa/Daman/Diu before 19-12-1961: Birth certificate or baptism/christening record from the period of Portuguese administration. Records from the era typically include:

• Civil registry certificates issued by the former Estado da Índia civil registries (records were preserved in Portugal in some cases; some are held in Goa/India)
• Church baptismal records (many were Catholic, given Portuguese missionary presence)
• Portuguese-era identity documents (cartão de identidade, passaporte português)

3. Current identity documents: Current passport or ID card.

4. Apostille/authentication: Documents from Indian archives may require apostille/authentication before use in Portuguese administrative proceedings.

5. Certified Portuguese translation: For documents in Konkani, Marathi, English, or other languages.

Government fees (): Standard CRC/IRN fees apply; specific amounts to be confirmed at irn.justica.gov.pt.

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Process outline:

1. Applicant assembles evidentiary dossier (birth certificate from Portuguese-era administration, identity documents, any existing Portuguese documentation).
2. Applicant files declaração de vontade at CRC/IRN or Portuguese consulate.
3. CRC/IRN assesses whether the birth pre-dates 19-12-1961 and falls within Goa, Daman, or Diu.
4. If accepted, the nationality is inscribed in the RNP (Registo Nacional de Pessoas).
5. Applicant may then apply for a Portuguese passport and Cartão de Cidadão through the standard process.

Appeals: Administrative courts / Supremo Tribunal Administrativo (STA).

Archival assistance: The Portuguese Arquivo Nacional Torre do Tombo (ANTT) and the Arquivo Histórico Ultramarino (AHU) in Lisbon hold some historical records from the former Estado da Índia. The Goa State Archives in Panaji (India) also holds records from the Portuguese era.

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• DL 308-A/75, de 24 de junho de 1975 — Art 1 alínea e): declaration right for former Estado da Índia persons; no time limit — [S-C21 (T1 DRE page exists; full text not fetched), S-C22 (T2, secondary text), S-C24 (T2), S-C25 (T3)]
• Lei n.º 37/81, de 3 de outubro — Art 1(1)(a)-(c): jus sanguinis chain for transmission to descendants — [S-PGDL-CONS, T1]
• LO 2/2006, de 17 de abril — confirmed the post-1961 rule and modernised administrative procedure — [S-C26 reference, S-GOVPT-15ABRIL reference, T1/T2]
• Lei Orgânica n.º 1/2026 (DR 95/2026 Série I, 18-05-2026; EIF 19-05-2026) — no specific changes to Estado da Índia entitlements; the general jus sanguinis chain is unchanged — [S-C36, T3; S-PGDL-CONS, T1]

Constitutional anchor:

• CRP Art 164.º f): nationality is the exclusive competence of the AR exercised by organic law. Portugal's non-recognition of India's 1961 annexation is a sovereign political position; its nationality consequences are governed by Lei 37/81 and DL 308-A/75.

Historical framework:

The Estado Português da Índia comprised principally:

• Goa (capital: Pangim / Nova Goa)
• Daman (Damão) and Diu

These territories were under Portuguese administration for approximately 450 years before India's military annexation on 19 December 1961 ("Operation Vijay"). Portugal viewed this as unlawful occupation and maintained its claim to sovereignty until 1975 (Salazar era position was retained through the transition) and in terms of the nationality framework continues to apply pre-annexation birth as the relevant nationality criterion.

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