section 345
Withdrawal of sealed cover deposited under the preceding section
The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012Chapter XXV Chapter XXV
If the testator who has deposited the sealed cover under the preceding section wishes to withdraw it, he may apply either personally or by duly authorized agent, to the Special Notary who holds it in deposit and such Special Notary, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly. The will shall be returned to the testator by following the formalities laid down for the deposit of the will. A record shall be made in Book No. VII. disclosing the name and permanent residence of the deceased and the names of the interested parties and other identification particulars, in the Government Gazette. When the value of inheritance exceeds Rs. 10 Lakhs in all, such extract shall also be published in a newspaper in circulation in the locality where the deed is drawn. The Special Notary shall require the interested party or parties to advance the expenses towards the publication of the notice. (12) Any person claiming to be an heir of the deceased who has not been named in the declaration may file a suit for declaration of heirship and consequential reliefs. If such suit is filed, a notice thereof shall forthwith be given by the Court to the respective Special Notary or by the Plaintiff in the suit, enclosing a certified copy of the plaint. (13) If the Special Notary has not received any notice from the Court or the Plaintiff, he shall, within 30 days of the publication of the extract, issue a certified copy of declaration of heirship, which shall contain an endorsement that no such communication of institution of any suit has been received by him. (14) Failure to file suit under sub-section (12), shall not deprive the aggrieved party to challenge the deed of declaration within the period of limitation.
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