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Goa Succession, Special Notaries and Inventory Proceeding Act, 2012

Goa Succession, Special Notaries and Inventory Proceeding Act, 2012

Raw JSON API

Sections

1. Short title, extent, commencement and application.

Section 1

2. Definitions.

Section 2

3. Succession.

Section 3

4. Types of Succession.

Section 4

5. Types of successors: Heirs and legatees.

Section 5

6. Inheritance.

Section 6

7. Simultaneous death of the estate leaver and the successor.

Section 7

8. Opening of the succession.

Section 8

9. Competence to succeed.

Section 9

10. Incompetence to succeed by reason of unworthiness to succeed.

Section 10

11. Consequence of declaration of un-worthiness to succeed.

Section 11

12. Re-acquisition of competence to succeed.

Section 12

13. When the ownership and possession is transmitted.

Section 13

14. Partition by inventory.

Section 14

15. Partition by deed.

Section 15

16. Inheritance is indivisible till partition is effected.

Section 16

17. Consequences of transfer of specific asset of inheritance.

Section 17

18. Right of co-heir to claim the inheritance in its entirety.

Section 18

19. Right to demand partition.

Section 19

20. Partition of assets of joint family.

Section 20

21. Acceptance of inheritance.

Section 21

22. Devolution of inheritance under different titles.

Section 22

23. Freedom to accept or renounce.

Section 23

24. Nullity of restricted acceptance or renunciation.

Section 24

25. Capacity to accept or renounce.

Section 25

26. Acceptance or renunciation by one of the spouses only.

Section 26

27. Acceptance of inheritance left to a person under disability.

Section 27

28. Acceptance or renunciation of inheritance left to a deaf and dumb person.

Section 28

29. Form of acceptance.

Section 29

30. Gratuitous transfer of inheritance or share therein.

Section 30

31. Consequences of Court decision declaring a person to be an heir.

Section 31

32. Absence of consensus among heirs to accept or renounce inheritance.

Section 32

33. Transmission of right to accept.

Section 33

34. Indivisibility of renunciation.

Section 34

35. How renunciation is effected.

Section 35

36. Consequences of renunciation.

Section 36

37. Implications of renunciation of disposable share.

Section 37

38. When acceptance may be challenged.

Section 38

39. Subrogation by creditor.

Section 39

40. Prohibition to renounce.

Section 40

41. Retroactivity of acceptance or renunciation.

Section 41

42. Inheritance at abeyance.

Section 42

43. Temporary management.

Section 43

44. Notice to accept or renounce the inheritance.

Section 44

45. Liabilities of the inheritance.

Section 45

46. Order of priorities.

Section 46

47. Liability of the usufructuary.

Section 47

48. Legacy of maintenance or lifetime pension.

Section 48

49. Rights and duties of the heirs in respect of the inheritance.

Section 49

50. Bonafide satisfaction of the legacies.

Section 50

51. When legal succession takes place and its extent.

Section 51

52. Order of legal succession.

Section 52

53. Proximity of degree.

Section 53

54. Succession per capita.

Section 54

55. Accretion upon renunciation of the inheritance.

Section 55

56. Degree and lines of kinship.

Section 56

57. Direct and collateral line.

Section 57

58. Types of direct line of kinship.

Section 58

59. How degrees are counted in the direct line.

Section 59

60. How degrees are counted in the collateral line.

Section 60

61. Incapacity to inherit by legal succession.

Section 61

62. Extent of Incapacity.

Section 62

63. Right of representation.

Section 63

64. Representation in the direct line.

Section 64

65. Representation in the collateral line.

Section 65

66. Right of the representatives.

Section 66

67. Joint representatives.

Section 67

68. Succession of children and their descendants.

Section 68

69. When filiation is disputed.

Section 69

70. Succession per capita.

Section 70

71. Succession per stripes.

Section 71

72. Succession of parents.

Section 72

73. Succession of grandparents and other ascendants.

Section 73

74. Division per capita: Ascendants in the same degree.

Section 74

75. When ascendants are not in the same degree.

Section 75

76. Succession of brothers, sisters and their descendants.

Section 76

77. Succession of surviving spouse.

Section 77

78. Collateral's other then brothers, sisters and their descendants.

Section 78

79. Succession of the State.

Section 79

80. Rights and duties of the State.

Section 80

81. Prior court order.

Section 81

82. Preferential right of habitation and use of surviving spouse.

Section 82

83. Disposable portion.

Section 83

84. Restrictions on transfer by parents, or grandparents.

Section 84

85. Disposition of specific usufruct or lifetime annuity.

Section 85

86. Inofficious dispositions.

Section 86

87. Right of forced heir to claim reduction.

Section 87

88. Renunciation of right to claim reduction.

Section 88

89. Computation of disposable portion.

Section 89

90. Collation.

Section 90

91. Exemption from collation.

Section 91

92. When is a gift deemed an advancement of the legitime.

Section 92

93. Collation by grandchildren.

Section 93

94. When parents are not bound to collate.

Section 94

95. Ascendants duty to collate.

Section 95

96. Spouses of children not bound to collate.

Section 96

97. Expenses to be collated.

Section 97

98. Collation of fruits and profits of gifted things.

Section 98

99. How collation is done.

Section 99

100. Where the value of the gifted assets exceeds the value of donee's share in the inheritance.

Section 100

101. On payments made.

Section 101

102. Family arrangement.

Section 102

103. Gift of community assets.

Section 103

104. How the shares of co-heirs are to be paid.

Section 104

105. When the value of the assets gifted exceeds the legitime of the donee.

Section 105

106. Where there are several donee's.

Section 106

107. Dispute as regards obligation to collate.

Section 107

108. Assets which devolve in a preferential manner.

Section 108

109. Duty to collate is a charge in rem.

Section 109

110. Reduction of legacy or gift.

Section 110

111. Order of reduction.

Section 111

112. Partial reduction.

Section 112

113. Reduction of gifts inter vivos.

Section 113

114. Pro rata reduction.

Section 114

115. Reduction in respect of movables.

Section 115

116. Reduction of gifts of immovables.

Section 116

117. When immovable cannot be divided.

Section 117

118. When the donee may retain the gifted property.

Section 118

119. When immovable properties are not in possession of the donee.

Section 119

120. When the donee is insolvent.

Section 120

121. Fruits and profits in the event of reduction.

Section 121

122. Institution of heir.

Section 122

123. Liability of the heirs.

Section 123

124. Liability of the legatee.

Section 124

125. Apportionment of liabilities where inheritance is distributed by way of legacies only.

Section 125

126. Specific sum or thing bequeathed.

Section 126

127. Institution of heirs collectively.

Section 127

128. Brothers or sisters generally instituted as heirs.

Section 128

129. Institution of certain person and his children.

Section 129

130. Right to be compensated for management of inheritance distributed by way of legacies.

Section 130

131. Legacy of a thing subsequently acquired.

Section 131

132. Legacy of a thing belonging to the heir or legatee.

Section 132

133. Legacy of a thing which belongs only in part to the testator or to his successors.

Section 133

134. Restraint on marriage.

Section 134

135. Condition to reciprocate.

Section 135

136. Deferred execution of the disposition.

Section 136

137. Ineffective dispositions.

Section 137

138. Legacy in the alternative.

Section 138

139. Indivisibility of the disposition.

Section 139

140. Supervenience of descendants.

Section 140

141. Effect of supervenient children predeceasing.

Section 141

142. Legacy of a pledged thing.

Section 142

143. Legacy of thing ascertainable at the place where found.

Section 143

144. Legacy of debt not fallen due.

Section 144

145. Legacy made to the creditor of testator.

Section 145

146. Unconditional legacy.

Section 146

147. Choice of legacy of a generic thing.

Section 147

148. Heir's right to select.

Section 148

149. Transmission of right to choose.

Section 149

150. Legacy for maintenance.

Section 150

151. Legacy of house with things existing in it.

Section 151

152. Legacy of usufruct.

Section 152

153. Legacy to minor.

Section 153

154. Legacy for charitable purposes.

Section 154

155. Mistake as to object or subject of the legacy.

Section 155

156. Delivery of legacy.

Section 156

157. Duty to carry out the will.

Section 157

158. Fruits and income of legacy.

Section 158

159. Legacy of periodic sums.

Section 159

160. Expenses for delivery of legacy.

Section 160

161. Manner and place of delivery.

Section 161

162. New acquisitions.

Section 162

163. Legacy of thing burdened with encumbrance in rem.

Section 163

164. Lien on immovable assets.

Section 164

165. Duty of co-heirs to compensate when the legacy consists of an asset of one co-heir only.

Section 165

166. Institution of heir or legatee subject to fulfillment of condition.

Section 166

167. Conditional legatee.

Section 167

168. Responsibility of the heir apparent.

Section 168

169. Reduction of encumbrance attached to legacy.

Section 169

170. Right of accretion.

Section 170

171. Exclusion of right of accretion.

Section 171

172. Effects of accretion.

Section 172

173. Renunciation of right of accretion.

Section 173

174. Right to legacy.

Section 174

175. Common or direct substitution.

Section 175

176. Pupillary substitution.

Section 176

177. Quasi pupillary substitution.

Section 177

178. Properties which may be subject to substitution.

Section 178

179. Rights and duties of the substitute.

Section 179

180. Reciprocal substitution.

Section 180

181. Fide-commissary substitution.

Section 181

182. Lapse of fideicommissum.

Section 182

183. Nullity of the substitution.

Section 183

184. Dispositions which are not analogous to fideicommissum.

Section 184

185. Deemed fideicommissum.

Section 185

186. Encumbrances in favour of paupers, etc.

Section 186

187. Irregular fideicommissum.

Section 187

188. Applicability to past and future fideicommissum.

Section 188

189. Disinheritance.

Section 189

190. Grounds for disinheritance.

Section 190

191. Effects of disinheritance.

Section 191

192. Burden of proof.

Section 192

193. Failure to mention ground or irrelevant ground.

Section 193

194. Right to maintenance of the disinherited heir.

Section 194

195. Period of limitation to challenge disinheritance.

Section 195

196. Concept of will.

Section 196

197. Will is a personal act.

Section 197

198. Will dependent upon instruction.

Section 198

199. Disposition in favour of unnamed relatives.

Section 199

200. Conditional disposition.

Section 200

201. Obstruction to fulfillment of condition.

Section 201

202. Reason contrary to law.

Section 202

203. Disposition where time for commencement or cessation of heirship is fixed.

Section 203

204. Will obtained by coercion, undue influence, deceit, or fraud.

Section 204

205. Duty of authorities.

Section 205

206. When expressions are insufficient.

Section 206

207. Prohibition imposed by testator to challenge his will.

Section 207

208. Joint wills.

Section 208

209. Revocation of will.

Section 209

210. Implied revocation.

Section 210

211. Effect of will which has lapsed.

Section 211

212. Restoration of will.

Section 212

213. When testamentary dispositions lapse.

Section 213

214. Effect of ignorance of existence of children.

Section 214

215. Interpretation of wills.

Section 215

216. Object contrary to law, morality or public policy.

Section 216

217. Capacity to make a will.

Section 217

218. Incapacity to make a will.

Section 218

219. Restrictions on disposition of community assets.

Section 219

220. Restrictions on disposing of specific assets of the inheritance.

Section 220

221. Relative incapacity of sick person.

Section 221

222. Disposition in favour of a person who has rendered domestic help or care and assistance.

Section 222

223. Relative incapacity-Disposition in favour of guardian or manager of assets.

Section 223

224. Relative incapacity-Disposition by adulterous spouse.

Section 224

225. Relative incapacity-Disposition in favour of the Special Notary.

Section 225

226. Extent of nullity.

Section 226

227. Restrictions on impairment of mandatory share.

Section 227

228. Who may receive by will.

Section 228

229. Relevant time to determine capacity to acquire by will.

Section 229

230. Consequence of incompetence to acquire by legal succession.

Section 230

231. Consequences of refusal to act as executor or guardian or their removal.

Section 231

232. Capacity of corporate bodies.

Section 232

233. Fictitious disposition.

Section 233

234. Types of wills.

Section 234

235. Public will.

Section 235

236. Printed open will.

Section 236

237. Closed or sealed will.

Section 237

238. Incompetence to make a closed will.

Section 238

239. Failure to present the closed will.

Section 239

240. Fraudulent removal of will.

Section 240

241. Where the closed will is found open.

Section 241

242. Tampered or torn will.

Section 242

243. Presumption as to who is responsible.

Section 243

244. Torn will found amidst the effects of the testator.

Section 244

245. Wills under this Code to become operative upon death.

Section 245

246. Wills made outside Goa.

Section 246

247. To whom the office of head of the family belongs.

Section 247

248. When the guardian is appointed head of the family.

Section 248

249. Eldest of the spouses to be the head of the family.

Section 249

250. Special head of the family.

Section 250

251. Duty to initiate the inventory.

Section 251

252. When half of the income may be distributed.

Section 252

253. Rights and duties of the head of the family.

Section 253

254. Head of the family when there are only legacies.

Section 254

255. When the head of the family seeks exemption or is removed.

Section 255

256. Concealment of assets of the inheritance by the head of the family or heir.

Section 256

257. Fraudulent description.

Section 257

258. Fraudulent concealment of documents.

Section 258

259. Executor appointed by the testator.

Section 259

260. Who may be executor.

Section 260

261. Appointment of executor by court.

Section 261

262. Where the executor declines to accept the office.

Section 262

263. Time limit to decline appointment.

Section 263

264. When the executor may resign.

Section 264

265. Office of the executor is gratuitous.

Section 265

266. Impediments to become executor.

Section 266

267. Powers of the executor.

Section 267

268. General duties of the executor.

Section 268

269. Duty to initiate inventory.

Section 269

270. When the testator leaves forced heirs.

Section 270

271. Where the testator does not leave forced heirs.

Section 271

272. Time limit to carry out the will.

Section 272

273. Joint executors.

Section 273

274. Duty to render accounts.

Section 274

275. Office of executor not transferable or heritable.

Section 275

276. Accretion of remuneration.

Section 276

277. Expenses of the executor.

Section 277

278. When the executor is guilty of deceit or fraud.

Section 278

279. Effects of partition.

Section 279

280. Consequences of co-heir and moiety holder being deprived of possession.

Section 280

281. Limitation for suit for damages.

Section 281

282. Partition done out of court.

Section 282

283. Rescission in case of out of court partition.

Section 283

284. Sale of share in undivided inheritance: right of preemption.

Section 284

285. Notice to moiety holder or co-heirs.

Section 285

286. Sham sale.

Section 286

287. Creation of easement.

Section 287

288. Definition of usufruct.

Section 288

289. Constitution of usufruct.

Section 289

290. Extinguishment of usufruct.

Section 290

291. Right of the usufructuary.

Section 291

292. Determination of usufruct.

Section 292

293. Emphyteusis.

Section 293

294. Divisibility of the emphyteusis.

Section 294

295. Acts contrary to law.

Section 295

296. District and Sub-Districts.

Section 296

297. Special Notaries.

Section 297

298. Offices of the District Special Notary and the Special Notary.

Section 298

299. Absence of District Special Notary.

Section 299

300. Absence of Special Notary.

Section 300

301. Seal of the District Special Notary and the Special Notary.

Section 301

302. State Special Notary.

Section 302

303. Qualifications.

Section 303

304. Function of the Special Notary.

Section 304

305. Status of the Special Notary.

Section 305

306. Evidentiary value of the documents drawn by the Special Notary.

Section 306

307. What instruments are to be drawn only by way of authentic document.

Section 307

308. Obligation of the State to provide books to the Special Notary.

Section 308

309. Books to be maintained by the Special Notary and District Special Notary.

Section 309

310. Requirement of the notarial books.

Section 310

311. Indexes to be maintained.

Section 311

312. Maintenance and preservation of books and other records.

Section 312

313. Special Notaries to allow inspection of indices and give certified copies.

Section 313

314. Power of the State Special Notary and District Notary to superintend and control Special Notaries.

Section 314

315. Powers of the Special Notaries.

Section 315

316. Power to administer oath.

Section 316

317. Incompetence to act.

Section 317

318. Duty of the Special Notary.

Section 318

319. When the Special Notary shall refuse to perform the act.

Section 319

320. Refusal to perform an act.

Section 320

321. Order of the District Special Notary.

Section 321

322. Suit in case of party being aggrieved by order of the District Special Notary.

Section 322

323. Who may be witnesses identifiers and certifiers.

Section 323

324. Requisites of authentic documents.

Section 324

325. How instruments are to be recorded.

Section 325

326. Dumb and deaf.

Section 326

327. Identification of the testator and his condition.

Section 327

328. Place, time and date of the will.

Section 328

329. When a plan is attached to the will.

Section 329

330. When the testator does not know or is unable to write.

Section 330

331. When the testator is deaf.

Section 331

332. Formalities to be complied without break.

Section 332

333. Printed open will.

Section 333

334. Presentation of closed will and approval by the Special Notary.

Section 334

335. Record of the approval of the closed will.

Section 335

336. Failure to comply with formalities.

Section 336

337. Delivery of the closed will.

Section 337

338. Custody of the closed will and its deposit with the Special Notary.

Section 338

339. Who may deposit the will.

Section 339

340. Special power of attorney for return of the will.

Section 340

341. Formalities to open a closed will.

Section 341

342. Proceedings on death of the depositor.

Section 342

343. Book of record.

Section 343

344. Registration of will.

Section 344

345. Withdrawal of sealed cover deposited under the preceding section.

Section 345

346. Declaration of heirship.

Section 346

347. Notarial acts when void.

Section 347

348. Validation of Notarial acts.

Section 348

349. Liability to disciplinary proceedings.

Section 349

350. Insufficiency of stamp.

Section 350

351. Discretion to state the provision and accept a draft.

Section 351

352. Who may apply.

Section 352

353. To whom certified copy may be delivered.

Section 353

354. Time limit to issue certified copies.

Section 354

355. When a reference is made to other documents in the main instrument.

Section 355

356. When a reference is made to a drawing or plan in the main instrument.

Section 356

357. Manner in which certified copy is to be issued.

Section 357

358. When there are inter-lineations, erasures and corrections.

Section 358

359. Fees be fixed by the State Government.

Section 359

360. Publication of fees.

Section 360

361. Penalty for incorrectly recording, endorsing, copying, and translating documents with intent to injure.

Section 361

362. Penalties for making false statements, delivering false copies or translations, false personation and abetment.

Section 362

363. Thing bona fide done or refused in his official capacity by an officer acting under this Act.

Section 363

364. Nothing so done is invalidated by defect in appointment or procedure of appointment of an officer acting under this Act.

Section 364

365. Ex-officio powers and acts to be done after office hours.

Section 365

366. Mandatory Inventory.

Section 366

367. Optional Inventory.

Section 367

368. Inventory upon divorce, or separation or annulment of marriage.

Section 368

369. Inventory where a party dies after allotment in inventory proceeding which were finally disposed of.

Section 369

370. Inventory upon death of the surviving spouse.

Section 370

371. Additional partition.

Section 371

372. Inventory in the event of dissolution of joint family.

Section 372

373. Jurisdiction.

Section 373

374. Consolidation of inventories.

Section 374

375. Petition.

Section 375

376. Order of appointment of head of the family.

Section 376

377. Inquiry for appointment of head of the family.

Section 377

378. Evidentiary value of the declaration of the head of the family.

Section 378

379. Rights and Duties of the Head of the family.

Section 379

380. Concealment of assets by head of the family.

Section 380

381. Consequences of concealment.

Section 381

382. Consequence of giving a list of assets based on false documents.

Section 382

383. Duration of office of head of the family.

Section 383

384. Removal of the head of the family.

Section 384

385. Discharge of the head of the family from holding office.

Section 385

386. Hearings in the inventory proceeding.

Section 386

387. Prosecution of inventory.

Section 387

388. Proceeding in absentia.

Section 388

389. Parties under disability.

Section 389

390. Discharge of guardian, etc.

Section 390

391. Discharge or removal of guardian, etc.

Section 391

392. Composition of the Family Council.

Section 392

393. Death of moiety holder or heir during the pendency of the proceeding.

Section 393

394. Challenge to the maintainability of the proceeding and other objections.

Section 394

395. Application to be declared interested party, legatee or creditor and to be made party to the proceeding.

Section 395

396. Intended sale of a share in an undivided inheritance.

Section 396

397. Sale of share in the undivided inheritance.

Section 397

398. Order of priority and procedure.

Section 398

399. Initial list of assets.

Section 399

400. Objections to the list of assets and other objections.

Section 400

401. When co-heirs are called upon to give a list of assets.

Section 401

402. Deletion of assets listed in the preliminary list.

Section 402

403. Disputes relating to concealment of assets.

Section 403

404. Payment of debts of inheritance.

Section 404

405. Funeral expenses.

Section 405

406. Redemption of certain encumbrances in rem.

Section 406

407. Creditor's claim.

Section 407

408. Debtor's denial.

Section 408

409. Valuation.

Section 409

410. Valuation by officer of the court.

Section 410

411. Final list.

Section 411

412. Division by metes and bounds.

Section 412

413. Objection to overvaluation, conference, application for licitation.

Section 413

414. Who may decide on behalf of persons under disability.

Section 414

415. Conference of the interested parties.

Section 415

416. Debts payable by the inheritance and mode of payment.

Section 416

417. Power of the Court to decide on debts.

Section 417

418. Disagreement on the approval of debts.

Section 418

419. Payment of debts fallen due.

Section 419

420. When debts are approved by some of the interested parties only.

Section 420

421. Resolution on mode of payment of debts.

Section 421

422. When do legatees decide on the mode of payment of debts.

Section 422

423. Insolvency.

Section 423

424. Emphyteusis.

Section 424

425. Overvaluation of assets.

Section 425

426. Licitation of asset which is not susceptible to division without detriment.

Section 426

427. Licitation of gifted assets.

Section 427

428. Licitation of bequeathed assets.

Section 428

429. When licitation is to be held.

Section 429

430. Licitation defined.

Section 430

431. When licitation may be annulled.

Section 431

432. Second valuation.

Section 432

433. Inofficious legacy.

Section 433

434. Procedure for second valuation.

Section 434

435. Scheme of partition.

Section 435

436. Procedure for filling up the shares of the parties.

Section 436

437. Chart of partition.

Section 437

438. Preliminary chart.

Section 438

439. Rectification.

Section 439

440. Sortition.

Section 440

441. Second and third chart of partition.

Section 441

442. Confirmation of the partition.

Section 442

443. Costs.

Section 443

444. Safeguards to be observed when the assets are delivered before the order of homologation becomes final.

Section 444

445. Fresh partition.

Section 445

446. Amendment of partition.

Section 446

447. Suit for amendment of partition.

Section 447

448. Rescission of partition.

Section 448

449. Settlement of share of the heir left out in the inventory.

Section 449

450. Finality of the decision.

Section 450

451. Appeals.

Section 451

452. Appointment of Receiver.

Section 452

453. Temporary Injunction.

Section 453

454. Cause title.

Section 454

1. ABC................. .............. Petitioner.

Section 1

2. LMN ............................. Head of the family.

Section 2

3. PQN.

Section 3

4. RST.

Section 4

455. Stamp duty payable.

Section 455

456. Fixation of the amount of costs.

Section 456

457. Enforcement of Order.

Section 457

458. Summary proceeding.

Section 458

459. Power to make rules.

Section 459

460. Repeal and Savings.

Section 460