Vidhi Codex

Bare Act

The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012

Civil2012461 sections

This legislation consolidates the rules governing how a person's property is passed on after death, covering situations with a will and those without one. It specifically targets people connected to Goa’s Portuguese history or those residing in the state. By integrating laws on legal witnesses and the division of estates, the Act aims to simplify complex proceedings. This structure helps prevent long, frustrating family disputes and ensures that inheritance is transferred smoothly and according to established local customs.

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  1. 0. Preamble
  2. 1. Short title, extent, commencement and application
  3. 2. Definitions
  4. 3. Succession
  5. 4. Types of Succession
  6. 5. Types of successors: Heirs and legatees
  7. 6. Inheritance
  8. 7. Simultaneous death of the estate leaver and the successor
  9. 8. Opening of the succession
  10. 9. Competence to succeed
  11. 10. Incompetence to succeed by reason of unworthiness to succeed
  12. 11. Consequence of declaration of unworthiness to succeed
  13. 12. Re-acquisition of competence to succeed
  14. 13. When the ownership and possession is transmitted
  15. 14. Partition by inventory
  16. 15. Partition by deed
  17. 16. Inheritance is indivisible till partition is effected
  18. 17. Consequences of transfer of specific asset of inheritance
  19. 18. Right of co-heir to claim the inheritance in its entirety
  20. 19. Right to demand partition
  21. 20. Partition of assets of joint family
  22. 21. Acceptance of inheritance
  23. 22. Devolution of inheritance under different titles
  24. 23. Freedom to accept or renounce
  25. 24. Nullity of restricted acceptance or renunciation
  26. 25. Capacity to accept or renounce
  27. 26. Acceptance or renunciation by one of the spouses only
  28. 27. Acceptance of inheritance left to a person under disability
  29. 28. Acceptance or renunciation of inheritance left to a deaf and dumb person
  30. 29. Form of acceptance
  31. 30. Gratuitous transfer of inheritance or share therein
  32. 31. Consequences of Court decision declaring a person to be an heir
  33. 32. Absence of consensus among heirs to accept or renounce inheritance
  34. 33. Transmission of right to accept
  35. 34. Indivisibility of renunciation
  36. 35. How renunciation is effected
  37. 36. Consequences of renunciation
  38. 37. Implications of renunciation of disposable share
  39. 38. When acceptance may be challenged
  40. 39. Subrogation by creditor
  41. 40. Prohibition to renounce
  42. 41. Retroactivity of acceptance or renunciation
  43. 42. Inheritance at abeyance
  44. 43. Temporary management
  45. 44. Notice to accept or renounce the inheritance
  46. 45. Liabilities of the inheritance
  47. 46. Order of priorities
  48. 47. Liability of the usufructuary
  49. 48. Legacy of maintenance or lifetime pension
  50. 49. Rights and duties of the heirs in respect of the inheritance
  51. 50. Bonafide satisfaction of the legacies
  52. 51. When legal succession takes place and its extent
  53. 52. Order of legal succession
  54. 53. Proximity of degree
  55. 54. Succession per capita
  56. 55. Accretion upon renunciation of the inheritance
  57. 56. Degree and lines of kinship
  58. 57. Direct and collateral line
  59. 58. Types of direct line of kinship
  60. 59. How degrees are counted in the direct line
  61. 60. How degrees are counted in the collateral line
  62. 61. Incapacity to inherit by legal succession
  63. 62. Extent of Incapacity
  64. 63. Right of representation
  65. 64. Representation in the direct line
  66. 65. Representation in the collateral line
  67. 66. Right of the representatives
  68. 67. Joint representatives
  69. 68. Succession of children and their descendants
  70. 69. When filiation is disputed
  71. 70. Succession per capita
  72. 71. Succession per stirpes
  73. 72. Succession of parents
  74. 73. Succession of grandparents and other ascendants
  75. 74. Division per capita: Ascendants in the same degree
  76. 75. When ascendants are not in the same degree
  77. 76. Succession of brothers, sisters and their descendants
  78. 77. Succession of surviving spouse
  79. 78. Collaterals other then brothers, sisters and their descendants
  80. 79. Succession of the State
  81. 80. Rights and duties of the State
  82. 81. Prior court order
  83. 82. Preferential right of habitation and use of surviving spouse
  84. 83. Disposable portion
  85. 84. Restrictions on transfer by parents, or grandparents
  86. 85. Disposition of specific usufruct or lifetime annuity
  87. 86. Inofficious dispositions
  88. 87. Right of forced heir to claim reduction
  89. 88. Renunciation of right to claim reduction
  90. 89. Computation of disposable portion
  91. 90. Collation
  92. 91. Exemption from collation
  93. 92. When is a gift deemed an advancement of the legitime
  94. 93. Collation by grandchildren
  95. 94. When parents are not bound to collate
  96. 95. Ascendants duty to collate
  97. 96. Spouses of children not bound to collate
  98. 97. Expenses to be collated
  99. 98. Collation of fruits and profits of gifted things
  100. 99. How collation is done
  101. 100. Where the value of the gifted assets exceeds the value of donee’s share in the inheritance
  102. 101. On payments made
  103. 102. Family arrangement
  104. 103. Gift of community assets
  105. 104. How the shares of co-heirs are to be paid
  106. 105. When the value of the assets gifted exceeds the legitime of the donee
  107. 106. Where there are several donees
  108. 108. Assets which devolve in a preferential manner
  109. 109. Duty to collate is a charge in rem
  110. 110. Reduction of legacy or gift
  111. 111. Order of reduction
  112. 112. Partial reduction
  113. 113. Reduction of gifts inter vivos
  114. 114. Pro rata reduction
  115. 115. Reduction in respect of movables
  116. 116. Reduction of gifts of immovables
  117. 117. When immovable cannot be divided
  118. 118. When the donee may retain the gifted property
  119. 119. When immovable properties are not in possession of the donee
  120. 120. When the donee is insolvent
  121. 121. Fruits and profits in the event of reduction
  122. 122. Institution of heir
  123. 123. Liability of the heirs
  124. 124. Liability of the legatee
  125. 125. Apportionment of liabilities where inheritance is distributed by way of legacies only
  126. 126. Specific sum or thing bequeathed
  127. 127. Institution of heirs collectively
  128. 128. Brothers or sisters generally instituted as heirs
  129. 129. Institution of certain person and his children
  130. 130. Right to be compensated for management of inheritance distributed by way of legacies.
  131. 131. Legacy of a thing subsequently acquired.
  132. 132. Legacy of a thing belonging to the heir or legatee.
  133. 133. Legacy of a thing which belongs only in part to the testator or to his successors.
  134. 134. Restraint on marriage.
  135. 135. Condition to reciprocate.
  136. 136. Deferred execution of the disposition.
  137. 137. Ineffective dispositions.
  138. 138. Legacy in the alternative.
  139. 139. Indivisibility of the disposition.
  140. 140. Supervenience of descendants.
  141. 141. Effect of supervenient children predeceasing.
  142. 142. Legacy of a pledged thing.
  143. 143. Legacy of thing ascertainable at the place where found.
  144. 144. Legacy of debt not fallen due.
  145. 145. Legacy made to the creditor of testator.
  146. 146. Unconditional legacy.
  147. 147. Choice of legacy of a generic thing.
  148. 148. Heir’s right to select.
  149. 149. Transmission of right to choose.
  150. 150. Legacy for maintenance.
  151. 151. Legacy of house with things existing in it.
  152. 152. Legacy of usufruct.
  153. 153. Legacy to minor.
  154. 154. Legacy for charitable purposes.
  155. 155. Mistake as to object or subject of the legacy.
  156. 156. Delivery of legacy
  157. 157. Duty to carry out the will
  158. 158. Fruits and income of legacy
  159. 159. Legacy of periodic sums
  160. 160. Expenses for delivery of legacy
  161. 161. Manner and place of delivery
  162. 162. New acquisitions
  163. 163. Legacy of thing burdened with encumbrance in rem
  164. 164. Lien on immovable assets
  165. 165. Duty of co-heirs to compensate when the legacy consists of an asset of one co-heir only
  166. 166. Institution of heir or legatee subject to fulfillment of condition
  167. 167. Conditional legatee
  168. 168. Responsibility of the heir apparent
  169. 169. Reduction of encumbrance attached to legacy
  170. 170. Right of accretion
  171. 171. Exclusion of right of accretion
  172. 172. Effects of accretion
  173. 173. Renunciation of right of accretion
  174. 174. Right to legacy
  175. 175. Common or direct substitution
  176. 176. Pupillary substitution
  177. 177. Quasi pupillary substitution
  178. 178. Properties which may be subject to substitution
  179. 179. Rights and duties of the substitute
  180. 180. Reciprocal substitution
  181. 181. Fide-commissary substitution
  182. 182. Lapse of fidei-commissum
  183. 183. Nullity of the substitution
  184. 184. Dispositions which are not analogous to fidei-commissum
  185. 185. Deemed fidei-commissum
  186. 186. Encumbrances in favour of paupers, etc.
  187. 187. Irregular fidei-commissum
  188. 189. Disinheritance
  189. 190. Grounds for disinheritance
  190. 191. Effects of disinheritance
  191. 192. Burden of proof
  192. 193. Failure to mention ground or irrelevant ground
  193. 194. Right to maintenance of the disinherited heir
  194. 195. Period of limitation to challenge disinheritance
  195. 196. Concept of will
  196. 197. Will is a personal act
  197. 198. Will dependant upon instruction
  198. 199. Disposition in favour of unnamed relatives
  199. 200. Conditional disposition
  200. 201. Obstruction to fulfillment of condition
  201. 202. Reason contrary to law
  202. 203. Disposition where time for commencement or cessation of heirship is fixed
  203. 204. Will obtained by coercion, undue influence, deceit, or fraud
  204. 205. Duty of authorities
  205. 206. When expressions are insufficient
  206. 207. Prohibition imposed by testator to challenge his will
  207. 208. Joint wills
  208. 209. Revocation of will
  209. 210. Implied revocation
  210. 211. Effect of will which has lapsed
  211. 212. Restoration of will
  212. 213. When testamentary dispositions lapse
  213. 214. Effect of ignorance of existence of children
  214. 215. Interpretation of wills
  215. 216. Object contrary to law, morality or public policy
  216. 217. Capacity to make a will
  217. 218. Incapacity to make a will
  218. 219. Restrictions on disposition of community assets
  219. 220. Restrictions on disposing of specific assets of the inheritance
  220. 221. Relative incapacity of sick person
  221. 222. Disposition in favour of a person who has rendered domestic help or care and assistance
  222. 223. Relative incapacity-Disposition in favour of guardian or manager of assets
  223. 224. Relative incapacity-Disposition by adulterous spouse
  224. 225. Relative incapacity-Disposition in favour of the Special Notary
  225. 226. Extent of nullity
  226. 227. Restrictions on impairment of mandatory share
  227. 228. Who may receive by will
  228. 229. Relevant time to determine capacity to acquire by will
  229. 230. Consequence of incompetence to acquire by legal succession
  230. 231. Consequences of refusal to act as executor or guardian or their removal
  231. 232. Capacity of corporate bodies
  232. 233. Fictitious disposition
  233. 234. Types of wills
  234. 235. Public will
  235. 236. Printed open will
  236. 237. Closed or sealed will
  237. 238. Incompetence to make a closed will
  238. 239. Failure to present the closed will
  239. 240. Fraudulent removal of will
  240. 241. Where the closed will is found open
  241. 242. Tampered or torn will
  242. 243. Presumption as to who is responsible
  243. 244. Torn will found amidst the effects of the testator
  244. 245. Wills under this Code to become operative upon death
  245. 246. Wills made outside Goa
  246. 247. To whom the office of head of the family belongs
  247. 248. When the guardian is appointed head of the family
  248. 249. Eldest of the spouses to be the head of the family
  249. 250. Special head of the family
  250. 251. Duty to initiate the inventory
  251. 252. When half of the income may be distributed
  252. 253. Rights and duties of the head of the family
  253. 254. Head of the family when there are only legacies
  254. 255. When the head of the family seeks exemption or is removed
  255. 256. Concealment of assets of the inheritance by the head of the family or heir
  256. 257. Fraudulent description
  257. 258. Fraudulent concealment of documents
  258. 259. Executor appointed by the testator
  259. 260. Who may be executor
  260. 261. Appointment of executor by court
  261. 262. Where the executor declines to accept the office
  262. 263. Time limit to decline appointment
  263. 264. When the executor may resign
  264. 265. Office of the executor is gratuitous
  265. 266. Impediments to become executor
  266. 267. Powers of the executor
  267. 268. General duties of the executor
  268. 269. Duty to initiate inventory
  269. 270. When the testator leaves forced heirs
  270. 271. Where the testator does not leave forced heirs
  271. 272. Time limit to carry out the will
  272. 273. Joint executors
  273. 274. Duty to render accounts
  274. 275. Office of executor not transferable or heritable
  275. 276. Accretion of remuneration
  276. 277. Expenses of the executor
  277. 278. When the executor is guilty of deceit or fraud
  278. 279. Effects of partition
  279. 280. Consequences of co-heir and moiety holder being deprived of possession
  280. 281. Limitation for suit for damages
  281. 282. Partition done out of court
  282. 283. Rescission in case of out of court partition
  283. 284. Sale of share in undivided inheritance: right of pre-emption
  284. 285. Notice to moiety holder or co-heirs
  285. 286. Sham sale
  286. 287. Creation of easement
  287. 288. Definition of usufruct
  288. 289. Constitution of usufruct
  289. 290. Extinguishment of usufruct
  290. 291. Right of the usufructuary
  291. 292. Determination of usufruct
  292. 293. Emphyteusis
  293. 294. Divisibility of the emphyteusis
  294. 295. Acts contrary to law
  295. 296. District and Sub-Districts
  296. 297. Special Notaries
  297. 298. Offices of the District Special Notary and the Special Notary
  298. 299. Absence of District Special Notary
  299. 300. Absence of Special Notary
  300. 301. Seal of the District Special Notary and the Special Notary
  301. 302. State Special Notary
  302. 303. Qualifications
  303. 304. Function of the Special Notary
  304. 305. Status of the Special Notary
  305. 306. Evidentiary value of the documents drawn by the Special Notary
  306. 307. What instruments are to be drawn only by way of authentic document
  307. 307A. Jurisdiction to draw instruments and deeds
  308. 308. Obligation of the State to provide books to the Special Notary
  309. 309. Books to be maintained by the Special Notary and District Special Notary
  310. 310. Requirement of the notarial books
  311. 311. Indexes to be maintained
  312. 312. Maintenance and preservation of books and other records
  313. 313. Special Notaries to allow inspection of indices and give certified copies
  314. 314. Power of the State Special Notary and District Notary to superintend and control Special Notaries
  315. 315. Powers of the Special Notaries
  316. 316. Power to administer oath
  317. 317. Incompetence to act
  318. 318. Duty of the Special Notary
  319. 319. When the Special Notary shall refuse to perform the act
  320. 320. Refusal to perform an act
  321. 321. Order of the District Special Notary
  322. 322. Suit in case of party being aggrieved by order of the District Special Notary
  323. 323. Who may be witnesses identifiers and certifiers
  324. 324. Requisites of authentic documents
  325. 325. How instruments are to be recorded
  326. 326. Dumb and deaf
  327. 327. Identification of the testator and his condition
  328. 328. Place, time and date of the will
  329. 329. When a plan is attached to the will
  330. 330. When the testator does not know or is unable to write
  331. 331. When the testator is deaf
  332. 332. Formalities to be complied without break
  333. 333. Printed open will
  334. 334. Presentation of closed will and approval by the Special Notary
  335. 335. Record of the approval of the closed will
  336. 336. Failure to comply with formalities
  337. 337. Delivery of the closed will
  338. 338. Custody of the closed will and its deposit with the Special Notary
  339. 339. Who may deposit the will
  340. 340. Special power of attorney for return of the will
  341. 341. Formalities to open a closed will
  342. 342. Proceedings on death of the depositor
  343. 343. Book of record
  344. 344. Registration of will
  345. 345. Withdrawal of sealed cover deposited under the preceding section
  346. 346. Declaration of heirship
  347. 346A. Printed Deed of Declaration of Heirship
  348. 347. Notarial acts when void
  349. 348. Validation of Notarial acts
  350. 349. Liability to disciplinary proceedings
  351. 350. Insufficiency of stamp
  352. 351. Discretion to state the provision and accept a draft
  353. 352. Who may apply
  354. 353. To whom certified copy may be delivered
  355. 354. Time limit to issue certified copies
  356. 355. When a reference is made to other documents in the main instrument
  357. 356. When a reference is made to a drawing or plan in the main instrument
  358. 357. Manner in which certified copy is to be issued
  359. 358. When there are interlineations, erasures and corrections
  360. 359. Fees be fixed by the State Government
  361. 360. Publication of fees
  362. 361. Penalty for incorrectly recording, endorsing, copying, and translating documents with intent to injure
  363. 362. Penalties for making false statements, delivering false copies or translations, false personation and abetment
  364. 363. Thing bona fide done or refused in his official capacity by an officer acting under this Act
  365. 364. Nothing so done is invalidated by defect in appointment or procedure of appointment of an officer acting under this Act
  366. 365. Ex-officio powers and acts to be done after office hours
  367. 366. Mandatory Inventory
  368. 367. Optional Inventory
  369. 368. Inventory upon divorce, or separation or annulment of marriage
  370. 369. Inventory where a party dies after allotment in Inventory proceeding which were finally disposed of
  371. 370. Inventory upon death of the surviving spouse
  372. 371. Additional partition
  373. 372. Inventory in the event of dissolution of joint family
  374. 373. Jurisdiction
  375. 374. Consolidation of inventories
  376. 375. Petition
  377. 376. Order of appointment of head of the family
  378. 377. Inquiry for appointment of head of the family
  379. 378. Evidentiary value of the declaration of the head of the family
  380. 379. Rights and Duties of the Head of the family
  381. 380. Concealment of assets by head of the family
  382. 381. Consequences of concealment
  383. 382. Consequence of giving a list of assets based on false documents
  384. 383. Duration of office of head of the family
  385. 384. Removal of the head of the family
  386. 385. Discharge of the head of the family from holding office
  387. 386. Hearings in the inventory proceeding
  388. 387. Prosecution of inventory
  389. 388. Proceeding in absentia
  390. 389. Parties under disability
  391. 390. Discharge of guardian, etc.
  392. 391. Discharge or removal of guardian, etc.
  393. 392. Composition of the Family Council
  394. 393. Death of moiety holder or heir during the pendency of the proceeding
  395. 394. Challenge to the maintainability of the proceeding and other objections
  396. 395. Application to be declared interested party, legatee or creditor and to be made party to the proceeding
  397. 396. Intended sale of a share in an undivided inheritance
  398. 397. Sale of share in the undivided inheritance
  399. 398. Order of priority and procedure
  400. 399. Initial list of assets
  401. 400. Objections to the list of assets and other objections
  402. 401. When co-heirs are called upon to give a list of assets
  403. 402. Deletion of assets listed in the preliminary list
  404. 403. Disputes relating to concealment of assets
  405. 404. Payment of debts of inheritance
  406. 405. Funeral expenses
  407. 406. Redemption of certain encumbrances in rem
  408. 407. Creditor’s claim
  409. 408. Debtor’s denial
  410. 409. Valuation
  411. 410. Valuation by officer of the court
  412. 411. Final list
  413. 412. Division by metes and bounds
  414. 413. Objection to overvaluation, conference, application for licitation
  415. 414. Who may decide on behalf of persons under disability
  416. 415. Conference of the interested parties
  417. 416. Debts payable by the inheritance and mode of payment
  418. 417. Power of the Court to decide on debts
  419. 418. Disagreement on the approval of debts
  420. 419. Payment of debts fallen due
  421. 420. When debts are approved by some of the interested parties only
  422. 421. Resolution on mode of payment of debts
  423. 422. When do legatees decide on the mode of payment of debts
  424. 423. Insolvency
  425. 424. Emphyteusis
  426. 425. Overvaluation of assets
  427. 426. Licitation of asset which is not susceptible to division without detriment
  428. 427. Licitation of gifted assets
  429. 428. Licitation of bequeathed assets
  430. 429. When licitation is to be held
  431. 430. Licitation defined
  432. 431. When licitation may be annulled
  433. 432. Second valuation
  434. 433. Inofficious legacy
  435. 434. Procedure for second valuation
  436. 435. Scheme of partition
  437. 436. Procedure for filling up the shares of the parties
  438. 437. Chart of partition
  439. 438. Preliminary chart
  440. 439. Rectification
  441. 440. Sortition
  442. 441. Second and third chart of partition
  443. 442. Confirmation of the partition
  444. 443. Costs
  445. 444. Safeguards to be observed when the assets are delivered before the order of homologation becomes final
  446. 445. Fresh partition
  447. 446. Amendment of partition
  448. 447. Suit for amendment of partition
  449. 448. Rescission of partition
  450. 449. Settlement of share of the heir left out in the inventory
  451. 450. Finality of the decision
  452. 451. Appeals
  453. 452. Appointment of Receiver
  454. 453. Temporary Injunction
  455. 454. Cause title
  456. 455. Stamp duty payable
  457. 456. Fixation of the amount of costs
  458. 457. Enforcement of Order
  459. 458. Summary proceeding
  460. 459. Power to make rules
  461. 460. Repeal and Savings

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